IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28390 of 2011
Shekhar Kumar @ Kukku Kumar, son of Amarnath Rai
Versus
The State Of Bihar
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2. 29.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 392, 402 of the Indian Penal Code,
Sections 25(1-b), 26 and 35 of the Arms Act.
Considering that the petitioner is in custody since
13.4.2011 on the basis of his name having been disclosed by
the arrested accused and he has fair antecedents, 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,
Muzaffarpur, in connection with Brahampura P.S. Case No. 60
of 2011, 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 and the other shall be the brother of the petitioner
Bhola Patel. The bailor will undertake to furnish information to
the court about any change in the 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
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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.
( Anjana Prakash, J.)
S.Ali