High Court Patna High Court - Orders

Samaul @ Samu Shekh @ Samul vs The State Of Bihar on 13 September, 2011

Patna High Court – Orders
Samaul @ Samu Shekh @ Samul vs The State Of Bihar on 13 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No. 29757 of 2011
                   1. Samaul @ Samu Shekh @ Samul S/O Late Outul Sheikh
                         R/O Basarpur, P.S. Kalia Chowk, Distt. Maldah
                                             Versus
                                     1. The State Of Bihar
                                          --------------

02. 13.09.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Section 302/34 of the Indian Penal

Code.

It has been submitted that from the facts of the

case it does not appear to be a case under Section 302

IPC.

Considering the same, 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 or any other surety as fixed by the Court to

the satisfaction of Additional Sessions Judge, F.T.C.-II,

Nalanda at Biharsharif in connection with S.Tr. No. 291 of

2011 arising out of Rajgir P.S. Case No. 46 of 2011

subject to the following conditions:- (i) That one of the

bailors shall be local since the petitioner belongs to

Maldah and the other bailor shall be the uncle of the

petitioner namely Md. Matin Sheikh. The bailor will also

undertake to inform the Court if there is any change in

the address of the petitioner. (ii) That the affidavit shall
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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 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.)
Vikash/-