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
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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. )