IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25131 of 2011
Sanjay Paswan @ Bhikha, S/o Late Raghubir Paswan.
Versus
The State Of Bihar
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2 04.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence 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 one Bablu
Kumar had named him who was examined during trial but he
failed to disclose the name of the petitioner as one of the
miscreants. The further submission is, neither the petitioner is
put on test identification parade nor any incriminating article has
been recovered from his possession and he has been accused in
three cases but all of which of the year 1998 and not subsequent.
This fact shall be verified by the Trial Court before releasing the
petitioner on bail.
Considering the aforesaid facts, 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 below to the
satisfaction of Additional Sessions Judge, IV, Barh in
connection with Sessions Trial No. 916 of 2010 arising out of
Mokama Rail P.S. Case No. 18 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
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he is related with the petitioner and another bailors shall be the
wife of the petitioner. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioner, (ii) That the bailors shall also state on affidavit that
they 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 (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.)
Md. Ibrarul