IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36411 of 2010
CHANDAN KUMAR @ CHUNCHUN KUMAR SON OF SRI PRAMOD
PRAKASH @ PARMANAND PRAKASH
Versus
THE STATE OF BIHAR
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3. 23.11.2010 Heard learned Counsel for the petitioner, the State
and the informant.
The petitioner seeks bail in a case instituted for the
offence u/s.379 of the Indian Penal Code.
Considering that the only allegation against the
petitioner is that he was also sitting in the alleged stolen
vehicle and he has no criminal antecedents, let the
petitioner above named, who is in custody since 3.7.2010,
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 Chief Judicial Magistrate, Samastipur in
Samastipur (Town) P.S. case No.355 of 2010, subject to the
conditions (i) That one of the bailors shall be the mother of
the petitioner and the other bailor will be a close relative of
the petitioner who will give an affidavit giving genealogy as
to how he is related with the petitioner. The bailor will
undertake to furnish information to the Court about any
change in 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
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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, (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 if he fails
to do so on two consecutive dates, his bail will be liable to
be cancelled.
The fact that the petitioner has no criminal
antecedents will be verified by the Magistrate concerned by
calling for a report from the adjoining district as well.
Narendra/ ( Anjana Prakash, J. )