Patna High Court - Orders
Abhay Kumar Mishra vs State Of Bihar on 25 August, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23637 of 2010
ABHAY KUMAR MISHRA, S/o Late Deo Naryan Mishra.
Versus
THE STATE OF BIHAR
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03. 25.08.2010Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences under Sections 323, 379, 147, 148, 149, 448, 341 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that in fact there is some property dispute between the parties on account of which this First Information Report has been instituted.
Considering the same, let the petitioner, above named who is in custody since 12.04.2010 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 80 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 2 as to how he is related with the petitioner and the other bailor shall be the wife/brother of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailor shall also state 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. (iii) 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. (iv) 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.) Vikash/-