High Court Patna High Court - Orders

Thithar Paswan &Amp; Ors vs The State Of Bihar on 7 September, 2010

Patna High Court – Orders
Thithar Paswan &Amp; Ors vs The State Of Bihar on 7 September, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.20674 of 2010
               1. THITHAR PASWAN, S/o Bisun Deo Paswan.
                   2. Doman Paswan, S/o Laxmi Paswan.
               3. Gandauri Paswan, S/o Bisun Deo Paswan.
                                Versus
                         THE STATE OF BIHAR
                               -----------

03. 07.09.2010 Heard learned counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for

the offences under Section 302/34 of the Indian Penal

Code.

Considering that the occurrence took place in

the midst of an altercation when the parties lost their

balance, let the petitioners, above named be released on

bail on furnishing bail bonds of Rs. 5,000/- (Five

Thousand) each with two sureties of the like amount each

or any other surety as fixed by the Court to the

satisfaction of Chief Judicial Magistrate, Begusarai in

connection with Bakhari P.S. Case No. 20 of 2010 subject

to the following conditions:- (i) That one of the bailors will

be a close relative of the petitioners who will give an

affidavit giving genealogy as to how he is related with the

petitioners. The bailor will also undertake to inform the

Court if there is any change in the address of the

petitioners. (ii) That the affidavit shall clearly state that

the petitioners are not an accused in any other case and if

they are they shall not be released on bail. (iii) That the
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bailor shall also state on affidavit that he will inform the

court concerned if the petitioners are implicated in any

other case of similar nature after their 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 petitioners will give an

undertaking that they will receive the police papers on the

given date and be present on date fixed for charge and if

they fail to do so on two given dates and delays the trial in

any manner, their bail will be liable to be cancelled for

reasons of misuse. (v) That the petitioners will be well

represented on each date and if they fail to do so on two

consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J.)
Vikash/-