High Court Patna High Court - Orders

Rizwan Ahmad vs The State Of Bihar on 1 July, 2010

Patna High Court – Orders
Rizwan Ahmad vs The State Of Bihar on 1 July, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.15071 of 2010
                         RIZWAN AHMAD, SON OF BADRUZZAMA
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

3. 01.07.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 395, 397 and 412 of the Indian Penal

Code.

It has been submitted that the petitioner is not

named in the First Information Report and subsequently his

named was disclosed in the confessional statement of the co-

accused upon which allegedly Rs. 3,70,300/- was recovered

from the house of the petitioner. It has further been submitted

that the money was the petitioner’s own and he has no criminal

antecedents.

Considering the above and also that the petitioner is

in custody since 5.6.2009, 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 to the

satisfaction of Judicial Magistrate, 1st Class, Siwan, in Siwan

Town P.S. Case No. 71 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

father of the petitioner. The bailor will undertake to furnish
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information to the court about any change in address of the

petitioner. (ii)That the affidavit shall clearly 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. (v) 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