High Court Patna High Court - Orders

Sandeep Ram vs The State Of Bihar on 23 August, 2011

Patna High Court – Orders
Sandeep Ram vs The State Of Bihar on 23 August, 2011
                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.27086 of 2011
                                   Sandeep Ram S/o Yogendra Ram
                                                 Versus
                                         The State Of Bihar
                                               -----------

2. 23.8.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 302/34 of the Indian Penal Code.

It has been submitted that even though there is an

allegation that the petitioner had assaulted the deceased with

fists and slaps, but some witnesses stated that the deceased

died on account of fall from stair which fact is further

corroborated by the postmortem examination report, which

reveals that the cause of death was head injury caused by

hard and blunt substance.

Considering the same, let the petitioner above

named, who has fair antecedents, 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 to be

fixed by the court concerned to the satisfaction of learned

Chief Judicial Magistrate, Siwan in connection with

Hussainganj (M.H. Nagar) P.S. Case No.74 of 2011, subject

to the conditions (i) That one of the bailor will be a close

relative of the petitioner who will give an affidavit giving

genealogy as to how he is related with the petitioner. The

bailor will undertake to furnish information to the Court about
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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 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 if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

Narendra/                       ( Anjana Prakash, J. )