IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28211 of 2010
1. RUBI DEVI w/o Late Birendra Chaudhary, resident of village- Marsua, PS-
Nalanda, District- Nalanda, at present Mohalla-Horilganj, PS Jehanabad,
District- Jehanabad.
2. Girja Choudhary son of late Dukhan Choudhary, resident of Mohalla-
Horilganj, PS Jehanabad, District- Jehanabad.
... Petitioners.
Versus
STATE OF BIHAR
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2. 01.10.2010 Heard learned counsel for the petitioners and
counsel for the State.
Earlier the prayer for bail of the petitioners was
rejected by an order dated 17.11.2009 in Cr. Misc. No.
32010 of 2009 with an observation that the petitioners may
renew their prayer for bail after completing one year of
their judicial custody.
Learned counsel for the petitioners submits that
the petitioners have remained in custody since 25.7.2009
and have completed the period of one year of their judicial
custody.
Considering this aspect, this Court would direct
for release of the petitioners, namely, Rubi Devi and Girja
Choudhary on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) each with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate,
2
Nalanda at Biharsharif in connection with S. Tr. No. 396
of 2010 arising out of Nalanda P S. Case No. 10 of 2009,
subject to the following conditions:-
(i) The two bail bonds will be furnished, one by
the Government servant and the other by a close family
relative.
(ii) The petitioners will remain present in course
of trial on each and every day and their absence even for a
single day would automatically entail the consequences of
cancellation of their bail.
(iii) The petitioners in case are now made
accused in any other criminal case, that would itself lead
to cancellation of their bail.
Subject to the aforementioned conditions, the
prayer for bail of the petitioners is allowed.
kanchan (Mihir Kumar Jha, J.)