Sujit Kumar @ Ghaiya @ Ghama vs State Of Bihar on 1 July, 2010

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr. Misc. No.17158 of 2010
           SUJIT KUMAR @ GHAIYA @ GHAMA s/o Rajendra Chaudhary
                                     Versus
                               STATE OF BIHAR
                                    -----------

3/ 01.07.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 302, 201/34 of the Indian Penal Code.

The petitioner is not named in the First Information

Report which has been instituted about the murder of the informant’s

son by unknown persons. Subsequently, suspicion has been cast

against the petitioner since there appears to be some kind of business

rivalry between the deceased and the petitioner over parking of trucks.

However, eye witnesses have not disclosed the complicity of the

petitioner in assaulting the deceased which is attributed to other co-

accused.

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 the

Chief Judicial Magistrate, Patna, in connection with Phulwarisharif

P.S. Case No.142 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 the other bailor shall be the mother 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 bailors shall also state on

affidavit that they will inform the court concerned if the petitioner is
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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,

(iii)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 (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.

JA/-                                    (Anjana Prakash, J.)