IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22974 of 2011
Sanu Kumar @ Sonu Kumar, son of Vijay Kumar
Versus
The State Of Bihar
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2. 28.7.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 302 and 34 of the Indian Penal
Code.
It has been submitted that even though there is
an allegation against the petitioner that he had assaulted his
brother on account of which he died but subsequently charge
sheet was submitted under Section 304 of the Indian Penal
Code.
Considering the nature of offence, 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 to be fixed by the court concerned to
the satisfaction of Chief Judicial Magistrate, Patna, in
connection with Parsa Bazar P.S. Case No. 49 of 2010 subject
to the following conditions: (i) That one of the bailors 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 the address of the petitioner. (ii) That the affidavit
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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 the 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 and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
The Magistrate is directed to immediately commit
the case to the court of Sessions and the Trial Court will
consider whether the petitioner’s case should be amalgamated
with the Sessions Trial which is already proceeding with regard
to this case.
( Anjana Prakash, J.)
S.Ali