High Court Patna High Court - Orders

Md.Abu Hayat vs State Of Bihar on 25 October, 2010

Patna High Court – Orders
Md.Abu Hayat vs State Of Bihar on 25 October, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr. Misc. No.17842 of 2010
                    MD. ABU HAYAT, S/o Late Alim.
                                 Versus
                         THE STATE OF BIHAR
                                -----------

03. 25.10.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 395 and 397 of the Indian

Penal Code.

It has been submitted that the petitioner is not

named in the First Information Report and subsequently

the father of the informant named the petitioner as one of

the dacoits but it is not explained as to why the

petitioner’s name was not disclosed at the earliest

instance. The further submission is that the petitioner is

an accused in only one other case of Arms Act and no

case of similar nature. This fact shall be verified by the

Magistrate concerned before releasing the petitioner on

bail.

Considering the same, 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 as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Kishanganj in

connection with Kochadhaman P.S. Case No. 167 of 2009

subject to the following conditions:- (i) That one of the
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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 bailor shall be the

wife/brother of the petitioner. The bailor will also

undertake to inform the Court if there is any change in

the 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.)
Vikash/-