IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29329 of 2010
SANTOSH SAH
S/O RADHESHAYAM SAH @ TITU SAH
Versus
STATE OF BIHAR
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2. 31.08.2010 Heard learned Counsel for the petitioner,
learned counsel for the informant and the State.
The petitioner seeks bail in a case instituted
for the offence under Section 302/34 of the Indian
Penal Code.
The prosecution case is that the father and
brother of the deceased came and caught hold of the
deceased whereafter the petitioner is said to have
assaulted by Sabal, whereas the co-accused
Radheyshyam Sah gave lathi blow and then the co-
accused Ramji Sah fired at the deceased, on account
of which he died. The submission is that the post
mortem examination report reveals only fire arm
injury have been sustained by the deceased and the
possibility of false implication cannot be ruled out on
account of land dispute which has been mentioned in
the First Information Report.
Considering the same as also he has no
criminal antecedent, let the petitioner above named,
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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, Rohtas at Sasaram in connection
with Sasaram (Model) P.S. Case No. 341/2010,
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 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
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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.
Fahad. ( Anjana Prakash, J. )