IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28254 of 2011
Shri Bhagwan Mahto, son of Bhuneshwar Mahto
Versus
The State Of Bihar
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2. 30.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 323, 379, 504, 420, 467, 468 and
471 of the Indian Penal Code.
The petitioner was allowed bail by an order dated
18.3.2011 passed in Cr. Misc. 6188 of 2011, but on one of the
conditions that an affidavit would be filed on his behalf that he
is not an accused in any other case. Since the petitioner was
an accused in Complaint Case, such an affidavit could not be
filed and he remained in custody.
Considering that on merits, the petitioner was
found fit to be released on bail and he has explained his
antecedent, 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 Sub Divisional
Judicial Magistrate, Sikrahna at Motihari, in connection with
Chorasahan (Lakhaura) P.S. Case No. 160 of 2010 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
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genealogy as to how he is related with the petitioner. The bailor
will undertake to furnish information to the court about any
change in the 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 the 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 and if he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
The petitioner is directed to deposit a sum of Rs.
500/- (Five hundred) in the concerned District Legal Aid
Committee.
( Anjana Prakash, J.)
S.Ali