IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.14462 of 2010
RAMESH KUMAR SAH, SON OF RAM BILAS SAH
Versus
STATE OF BIHAR
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3. 01.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 302, 201, 394, 411 of the Indian Penal
Code and Section 27 of the Arms Act.
The present First Information Report pertains to the
recovery of the dead body of an unknown male who was
allegedly murdered by unknown persons. Subsequently, the
Mobile Phone of the deceased was recovered from the
possession of the petitioner who on query, disclosed that he
had found the Mobile on the road and picked it up and after
getting the same repaired, was using it. It has been specifically
asserted that the petitioner has no criminal antecedents which
fact will be verified by the Magistrate concerned before
releasing the petitioner on bail.
In view of such, let the petitioner above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Five
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Begusarai, in
Khodwandpur P.S. Case No. 16 of 2010 subject to the following
conditions: (i)That one of the bailors will be a close relative of
the petitioner who will give an affidavit giving genealogy as to
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how he is related with the petitioner. The bailor will undertake to
furnish information to the court about any change in address of
the petitioner. (ii)That the affidavit shall clearly state that the
petitioner is not an accused in any other case and if he is, he
shall not be released on bail. (iii)That the bailor shall also state
on affidavit that he will inform the court concerned if the
petitioner is implicated in any other case of similar nature after
his release in the present case and thereafter the court below
will be at liberty to initiate the proceeding for cancellation of bail
on the ground of misuse. (iv)That the petitioner will give an
undertaking that he will receive the police papers on the given
date and be present on date fixed for charge and if he fails to
do so on two given dates and delays the trial in any manner, his
bail will be liable to be cancelled for reasons of misuse. (v) That
the petitioner will be well represented on each date and if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
( Anjana Prakash, J.)
S.Ali