IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25076 of 2011
Tenu Chouhan @ Temha Chouhan Son of Nagina Chouhan.
Versus
The State Of Bihar
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2 04.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 302, 379/34 of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the first information report and three months later he was
named by the informant in the third statement before the police
and the petitioner has fair antecedent.
Considering the aforesaid facts, 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 below to the
satisfaction of A.D.J. F.T.C.1st, Buxar in connection with
Sessions Trial No. 124 of 2011 arising out of Buxar (M) P.S.
Case No. 185 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. 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 if the petitioner is implicated in
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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.
( Anjana Prakash, J.)
Md. Ibrarul