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
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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/-