Patna High Court - Orders
Arshe Alam @ Arshe Azam vs State Of Bihar on 2 February, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1965 of 2010
ARSHE ALAM @ ARSHE AZAM SON OF MAQUASOOD ALAM
Versus
STATE OF BIHAR
-----------
2. 02/02/2010Heard 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 341, 307,324, 379 and 34 of the Indian Penal Code.
Taking into consideration the relationship between the parties as also the fact that in the First Information Report itself it has been stated that a domestic quarrel escalated into the present occurrence and the submission is that there is a counter version of the same occurrence as also that in the facts of the case, no offence under Section 307 I.P.C. would be made out, the let the petitioner above named, who is in custody since 2.11.2009 and has no criminal antecedents, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Benipur, Darbhanga, in connection with Sessions Trial No. 428 of 2009 arising out of Behera P.S. Case No. 61 of 2009 subject to the following conditions: 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. (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 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.
(Anjana Prakash, J.) S.Ali 2