High Court Patna High Court - Orders

Sanjay Singh vs The State Of Bihar on 25 August, 2010

Patna High Court – Orders
Sanjay Singh vs The State Of Bihar on 25 August, 2010
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.20835 of 2010
            SANJAY SINGH S/O RAM CHANDRA SINGH
                             Versus
                     THE STATE OF BIHAR
                            -----------

3. 25.08.2010 Heard learned Counsel for the petitioner

and the State.

The petitioner seeks bail in a case instituted

for the offence under Section 302/34 of the Indian

Penal Code.

It has been submitted that the petitioner

and the deceased both are full brothers and there

was property dispute between them, on account of

which an assault took place for which the wife of the

petitioner in an injured condition instituted a case

against the deceased and other family members.

Further submission is that even though there is an

allegation that a number of accused persons fired on

the deceased but only one fire arm injury as

sustained as per the post mortem examination

report.

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
2

of the like amount each or any other surety to be

fixed by the court concerned to the satisfaction of

Chief Judicial Magistrate, Lakhisarai in connection

with Surajgraha P.S. Case No. 383/2009, 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, (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 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, (iv) 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.

Fahad.                            ( Anjana Prakash, J. )