IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26671 of 2010
RAJESH KUMAR SAH @ RAJESHWAR KUMAR SAH, S/o Saryug Sah.
Versus
THE STATE OF BIHAR
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02. 10.08.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 379 of the Indian Penal Code
and later on Section 414 of the Indian Penal Code was
added.
It has been submitted that the petitioner is in
custody since 13.01.2010 since he and the co-accused
confessed about stolen motor-cycle which was recovered
from the house of co-accused Ranjeet Yadav.
Considering the same, let the petitioner, above
named 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 Chief Judicial
Magistrate, Madhubani in connection with Bisfi P.S. Case
No. 7 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 and the other bailor shall be
the father 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
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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.
The fact that the petitioner is an accused in only
one other case besides the present one will be verified by
the Magistrate concerned before releasing the petitioner on
bail.
(Anjana Prakash, J.)
Vikash/-