IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25562 of 2010
1. KANHAIYA LAL, S/o Sri Nand Lal.
2. Surendra Yadav, S/o Sri Pal Singh.
Versus
THE STATE OF BIHAR
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02. 29.07.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offences under Section 414, 420, 467, 468,
471 and 485 of the Indian Penal Code.
It has been submitted that the petitioners
were drivers of allegedly stolen truck. Admittedly,
they were not owners of the said truck and they are
in custody since 25.01.2010 and have no criminal
antecedents.
In view of such, let the petitioners, above
named be released on bail on furnishing bail bonds of
Rs. 5,000/- (Five Thousand) each with two sureties of
the like amount each to the satisfaction of Chief
Judicial Magistrate, Aurangabad in connection with
Madanpur P.S. Case No. 14 of 2010 subject to the
following conditions:- (i) That one of the bailors shall
be local since the petitioners belong to Uttar Pradesh
and the other bailor shall be the father/brother of the
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petitioners. The bailor will also undertake to inform
the Court if there is any change in the address of the
petitioners. (ii) That the affidavit shall clearly state
that the petitioners are not accused in any other case
and if they are they shall not be released on bail. (iii)
That the bailor shall also state on affidavit that he will
inform the court concerned if the petitioners are
implicated in any other case of similar nature after
their 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 petitioners will give an undertaking that they
will receive the police papers on the given date and be
present on date fixed for charge and if they fail to do
so on two given dates and delays the trial in any
manner, their bail will be liable to be cancelled for
reasons of misuse. (v) That the petitioners will be well
represented on each date and if they fail to do so on
two consecutive dates, their bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-