IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.28050 of 2011
Sony Sah @ Sunil Kumar Verma @ Sunil Kumar Sah @ Sonu son of late Kedar Sah
Versus
The State Of Bihar
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2/ 26.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 307 and other allied sections of the Indian
Penal Code.
Considering that the allegation against the petitioner is
of assaulting the victim with stones and the submission that in the
facts of the case no offence under section 307 Indian Penal Code
would be made out, let the petitioner, above named, who is in
custody since 30.05.2010, 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 below to
the satisfaction of the Additional Sessions Judge-cum-Fast Track
Court No.5, Bhagalpur, in connection with Sessions Trial No.1022
of 2010, 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 another
bailor shall be Laxman Sah, cousin brother of the petitioner. The
bailors 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 on bail, (iii) That the bailors
shall also state on affidavit that they will inform the court concerned
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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, and (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.
JA/- (Anjana Prakash,J.)