Shyam @ Shyam Kumar @ Chhote @ … vs State Of Bihar on 2 July, 2010

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.17279 of 2010
        SHYAM @ SHYAM KUMAR @ CHHOTE @ CHHOTE LAL,
                    S/o Jhulan Rai @ Military.
                             Versus
                      THE STATE OF BIHAR
                            -----------

03. 02.07.2010 Heard learned counsel for the petitioner and

the State.

The petitioner seeks bail in a case instituted

for the offences under Sections 147, 148, 149, 302

and 120B of the Indian Penal Code and Section 27 of

the Arms Act.

The allegation against the petitioner is that

he along with the other co-accused persons dragged

away the deceased and thereafter co-accused Tutun

Rai shot dead the deceased. It has been submitted

that the petitioner is in custody since 11.02.2010 and

has fair antecedent.

In view of such, 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 to the satisfaction of Chief Judicial

Magistrate, Saran at Chapra in connection with

Sonpur P.S. Case No. 03 of 2010 subject to the

following conditions:- (i) That one of the bailors will be
2

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 also undertake to inform

the Court if there is any change in the address of the

petitioner. (ii) That the affidavit shall clearly state that

the petitioner is not 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.

(Anjana Prakash, J.)
Vikash/-