IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45040 of 2010
WAKALI PANDEY, SON OF LATE RADHA KISHUNA PADNEY
Versus
THE STATE OF BIHAR
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2. 16.03.2011 Heard learned counsel for the petitioner, learned
counsel for the Informant and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 447, 341, 323, 324, 307,
302 and 506 of the Indian Penal Code.
It has been submitted that the petitioner is merely
said to be a member of the mob whereas the specific overt act
is alleged against Ved Prakash and Ashok Pandey.
Considering the same, let the petitioner above
named, who is in custody since 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 concerned to the satisfaction of Chief Judicial
Magistrate, East Champaran, Motihari, in Turkauliaya P.S.
Case No. 320 of 2010 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 undertake to furnish
information to the court about any change in 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
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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.)
S.Ali