IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12978 of 2010
BINOD CHOUDHARY SON OF RAM SARAN CHAUDHARY
Versus
STATE OF BIHAR
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4. 23.8.2010 Learned Counsel for the petitioner is permitted to make
correction in paragraph 1 and prayer portion of the petition in
course of the day.
Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 395 of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the first information report and subsequently the signatory of the
first information report named the petitioner as being involved in
the occurrence but without any explanation as to why he did not
name the petitioner at an earlier point in time.
Considering the same as also that the petitioner has no
criminal antecedents and is in custody since 15.12.2009, let the
petitioner above named, who is in custody since 15.7.2009, 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 Sessions Judge, Jehanabad in S.Tr.No.112 of 2010
arising out of Makdumpur P.S.case No.374 of 2009, subject to the
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, (ii) that the affidavit shall clearly state
that the petitioner is not an accused in any other case and if he is
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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 and (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. )
Narendra/