IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26070 of 2010
MUSHAN PASWAN S/O LATE SUNDAR PASWAN
Versus
STATE OF BIHAR
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3. 29.09.2010 Heard learned Counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 392 I.P.C. but charge
sheet was submitted under Section 394, 411 of the
Indian Penal Code.
It has been submitted that the petitioner’s
uncle gave an incriminating statement against the
petitioner that when the police came he ran away at
which the motor cycle was recovered from the
‘Bahiyar’.
Considering that the recovery was not for his
conscious 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 Judicial
Magistrate, Bhagalpur connection with Sabour P.S.
Case No. 231/05, 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
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to how he is related with the petitioner and the other
bailor shall be the brother of the petitioner. The bailor
will undertake to 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 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 if he fails to do
so on two consecutive dates, his bail will be liable to be
cancelled.
It has been submitted that there were 7 other
cases pending against the petitioner but in 6 of them
he has already been acquitted and one is still pending.
This shall be verified by the Magistrate before releasing
the petitioner on bail.
Fahad. ( Anjana Prakash, J. )