High Court Patna High Court - Orders

Israil Mian vs State Of Bihar on 28 October, 2010

Patna High Court – Orders
Israil Mian vs State Of Bihar on 28 October, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.30680 of 2010
                            HABIB MIAN s/o Ismail Mian
                                       Versus
                                 STATE OF BIHAR

                                          With

                             Cr. Misc. No. 25784 of 2010
                          ISRAIL MIAN s/o Late Akbar Mian
                                        Versus
                                 STATE OF BIHAR
                                       -----------

3/ 28.10.2010 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the

offence under sections 395,397 of the Indian Penal Code.

It has been submitted that the petitioners are not named in

the First Information Report and subsequently they were named by

the witnesses stating that they had been seen in the vicinity with

bundles on their heads. However, there has been no recovery from

their possession which is the subject matter of the present dacoity.

Considering the same, let the petitioners, above named,

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 the Chief

Judicial Magistrate, Motihari, in connection with Rajepur P.S. case

no.40 of 2010, subject to the conditions (i) that one of the bailors will

be a close relative of the petitioners, who will give an affidavit giving

genealogy as to how he is related with the petitioners and the other

bailor shall be the father/brother of the petitioners. The bailors will

undertake to furnish information to the court about any change in the

address of the petitioners, (ii) that the bailors shall also state on
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affidavit that they will inform the court 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 the ground of misuse,(iii) 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 delay the trial in any manner,

their bail will be liable to be cancelled for reasons of misuse, and (iv)

that the petitioners will be well represented on each date and if they fail

to do so on two consecutive dates, their bail will be liable to be

cancelled.

In view of the antecedents of the petitioners, the petitioners

are directed to appear before the Superintendent of Police, Motihari,

within fifteen days of their release with a copy of this order and every

two weeks thereafter for the next nine months. The conduct of the

petitioners will be kept under watch in this period by the

Superintendent of Police concerned and if it is found wanting in any

respect, a report shall be made to the court concerned by him to initiate

a proceeding for cancellation of bail for reasons of misuse of bail. After

reporting to the Superintendent of Police, a certificate will be filed by

the petitioners before the court concerned.

JA/-                                               (Anjana Prakash, J.)