IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44181 of 2010
RAJU SAHANI, SON OF SANT LAL SAHANI
Versus
THE STATE OF BIHAR
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2. 15.03.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 461 and 379 of the Indian Penal Code.
Subsequently, Section 411 of the Indian Penal Code was
added.
It has been submitted that the petitioner is in custody
since 15.7.2010 on account of recovery of two Mobile Phones
which were the subject matter of the present theft.
Considering that there is only one other case
pending against the petitioner which fact will be verified by the
Magistrate before releasing the petitioner on bail, 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 Sri R.K. Bharti, Judicial
Magistrate, 1st Class, Muzaffarpur, in Bochahan P.S. Case No.
75 of 2010 Trial No. 1756 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 shall be the
father/brother of the petitioner. The bailor will undertake to
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furnish information to the Court about any change in 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.)
S.Ali