IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24873 of 2011
Sunil Kumar Singh @ Sunil Singh,
S/o Late Dhanejar Singh @ Dhananjay Singh.
Versus
The State of Bihar
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02. 16.08.2011 Heard learned counsel for the petitioner,
informant and the State.
The petitioner is apprehending his arrest in a
case registered under Sections 307, 379, 323, 504, 341,
147, 148 and 149 of the Indian Penal Code.
It has been submitted that even though the
petitioner is alleged to have given a lathi blow on the head
of Shailendra Kumar Singh along with co-accused Binod
Kumar Singh but the injury sustained by him is simple in
nature as is evident from the injury report annexed in the
supplementary-affidavit. This fact is not disputed by the
counsel for the informant.
Considering the same, let the petitioner, above
named be released on anticipatory bail in the event of
arrest or surrender before the learned Court below within
a period of four weeks from the date of receipt of the order
on furnishing bail bond of Rs. 5,000/- (Five Thousand)
with two sureties of the like amount each or any other
surety as fixed by the Court to the satisfaction of Chief
Judicial Magistrate, Rohtas at Sasaram in connection
with Karagahar P.S. Case No. 88 of 2011 subject to the
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conditions as laid down under Section 438(2) of the Code
of Criminal Procedure as also 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. 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 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 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.)
Vikash/-