IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.39495 of 2010
SHYAMA KANT SHUKLA, son of late Rampadarath Shukla
Versus
STATE OF BIHAR
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2/- 26.11.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 447, 326, 324, 307, 504, 34 of the Indian Penal
Code.
Considering that for misuse of privilege for bail about five
years the petitioner has remained in custody since 17.08.2010 and he
undertakes to be more vigilant in future, 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
Additional Sessions Judge, F.T.C. No.5, East Champaran at Motihari
in Chhatauni P.S. Case No. 33 of 1989 ( Session Trial No. 294 of
1992), subject to the 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
bailor will be cousin bahnoi of the petitioner, namely, Mani Bhushan
Pandey. 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
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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 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 Trial Court is directed to expedite the trial and
conclude it positively within a period of nine months since the matter
is of the year 1989.
( Anjana Prakash, J.)
Ashwini/-