IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18453 of 2011
Sadhu Paswan @ Ramanand Paswan son of late Baleshwar Paswan
Versus
The State Of Bihar
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3. 27.7.2011 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Sections 395, 392 of
the Indian Penal Code.
Considering that the petitioner is in
custody since 26.3.2011 and has fair antecedents as
also that his involvement was disclosed later by
witnesses and he was not put on Test Identification
Parade neither was any recovery effected from his
possession, 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 or any other surety to be fixed by the
court concerned to the satisfaction of learned Chief
Judicial Magistrate, Gaya in connection with Kotwali
Gaya P.S. case No.229 of 2009, subject to the
conditions (i) That one of the bailor 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
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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 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 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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
The fact that the petitioner has fair
antecedents will be verified by the Magistrate
concerned before releasing the petitioner on bail.
Narendra/ ( Anjana Prakash, J. )