IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31900 of 2010
1. VIJAY KUMAR RAI S/O CHANDESHWAR RAI
2. NANHAK RAI @ DHRUV NARAYAN RAI S/O LATE HEMAN RAI
Versus
STATE OF BIHAR
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3. 24.11.2010 Heard learned counsel for the petitioners,
learned counsel for the informant and the State.
The petitioners seek bail in a case
instituted for the offence under Sections 147, 148,
149, 341, 323, 324, 307, 302, 379, 380, 427, 448
and 455 of the Indian Penal Code.
On 27.12.2009 the father of the petitioner
no. 1 instituted a case against the son of the
informant alleging therein that the brother of the
petitioner no. 1 had been shot dead by the son of the
informant. When the matter was sought to sorted
out by the husband of the informant he was
allegedly variously assaulted by the petitioners and
other co-accused persons, due to which the
husband of the deceased died and several family
members were injured. The learned counsel for the
petitioner submits that there is no specific overt act
alleged against the petitioners and there is a general
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allegation against them. The informant has
submitted that there is specific allegation against
the petitioner no. 1 that he was one who
participated in assaulting the deceased with a
dagger. However, considering the background in
which the occurrence took place, let the petitioners
who have fair antecedent, above named, be released
on bail on furnishing bail bond of Rs. 5,000/-(Five
thousand) each with two sureties of the like amount
each or any other surety to be fixed by the court
concerned to the satisfaction of learned Chief
Judicial Magistrate, Saran at Chapra in connection
with Chapra Muffassil P.S. Case No. 184/2009,
subject to the conditions, (i) That one of the bailor
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 undertake to
furnish information to the Court about any change
in 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 bailor shall also
state on affidavit that he will inform the court
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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 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 if they fail to do so on two
consecutive dates, their bail will be liable to be
cancelled.
Fahad. ( Anjana Prakash, J. )