IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16742 of 2010
UMESH PRASAD @ UMESH SHAH, SON OF LATE KIRANI SAO @
KIRANI PRASAD
Versus
THE STATE OF BIHAR
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3. 24.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 381 of the Indian Penal Code.
Subsequently, Section 411 of the Indian Penal Code was
added.
It has been submitted that the petitioner is not
named in the First Information Report nor has any article been
recovered from his possession. The petitioner has no criminal
antecedents.
In view of such, let the petitioner above named, who
is in custody since 20.1.2009, 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 Chief Judicial Magistrate,
Sasaram, in Dehri P.S. Case No. 10 of 2009 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 uncle of the petitioner. The bailor will
undertake to furnish information to the court about any change
in address of the petitioner. (ii)That the affidavit shall clearly
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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 the 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.
( Anjana Prakash, J.)
S.Ali