High Court Patna High Court - Orders

Bishakhi Sada vs State Of Bihar on 5 October, 2010

Patna High Court – Orders
Bishakhi Sada vs State Of Bihar on 5 October, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.22420 of 2010
                BISHAKHI SADA, son of Mahavir Sada
                               Versus
                        STATE OF BIHAR
                              -----------

3/ 05.10.2010 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under sections 342 and 387/34 of the Indian

Penal Code and 17/18 of C.L.A. Act.

Considering that the petitioner is not named in

the First Information Report and subsequently his name

transpired during the investigation but it is not known as

to why the witness did not disclose the name to the

informant, let the petitioner above named, who is in

custody since 04.12.2009, 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, 1st Class, Khagaria in connection

with Allouli P.S. Case No. 134 of 2005 (G.R. No.

1550B/05), subject to the conditions, (i) That one of the

bailor will be a close relative of the petitioner who will
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give an affidavit giving genealogy as to how he is related

with the petitioner and the other bailor shall be the

father/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, (v) In view of the nature of

the offence of the petitioner, the petitioner is directed to

appear before the Superintendent of Police, Khagaria

within fifteen days of his release with a copy of this

order and every two weeks thereafter for the next nine
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months. The conduct of the petitioner will be kept under

watch in this period by the superintendent of Police

concerned and if it is found wanting in any respect, a

report shall be made to the court concerned by him to

initiate a proceeding for cancellation of bail for reasons

of misuse of bail. After reporting to the Superintendent

of Police, a certificate will be filed by the petitioner

before the court concerned.

Ashwini/                                 ( Anjana Prakash, J. )