IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31797 of 2010
1. VIDYA BHUSHAN SINGH, S/o Late Raj Deo Singh.
2. Sanjeev Kumar, S/o Late Raj Deo Singh.
Versus
THE STATE OF BIHAR
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02. 21.09.2010 Heard learned counsel for the petitioners,
informant and the State.
The petitioners seek bail in a case instituted for
the offences under Sections 147, 148, 149, 323, 307, 302
and 120B of the Indian Penal Code and Section 27 of the
Arms Act.
Considering that there is no specific overt act
alleged against the petitioners and have no criminal
antecedents, 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 Additional Chief Judicial Magistrate,
Danapur, Patna in connection with Bihta P.S. Case No. 90
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
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and if they are they shall not be released on bail. (iii) That
the 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.
The fact that the petitioners have no criminal
antecedents will be verified by the Magistrate concerned
before releasing the petitioners on bail.
(Anjana Prakash, J.)
Vikash/-