High Court Patna High Court - Orders

Md. Mansoor vs The State Of Bihar on 27 July, 2011

Patna High Court – Orders
Md. Mansoor vs The State Of Bihar on 27 July, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.22685 of 2011
                      Md. Mansoor, S/o Washil.
                                Versus
                          The State of Bihar
                               -----------

02. 27.07.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 461, 379 and 411 of the

Indian Penal Code.

It has been submitted that apart from the

confessional statement of the co-accused there is no other

material against him and the articles were recovered from

the house of Md. Zafir and not the petitioner. The further

submission is that the petitioner has fair antecedents.

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, Araria in

connection with Forbesganj P.S. Case No. 80 of 2011

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 bailor shall be the cousin

brother of the petitioner namely Md. Subhan. The bailor
2

will also undertake to inform the Court if there is any

change in the 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.

The fact that the petitioner has fair antecedents

will be verified by the Magistrate concerned before

releasing the petitioner on bail.

(Anjana Prakash, J.)
Vikash/-