IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31880 of 2010
AMARJIT SAHANI, S/o Lal Deo Sahani.
Versus
THE STATE OF BIHAR
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02. 28.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offences under Section 364A/34 of the Indian Penal Code.
It has been submitted that the petitioner is not
named in the First Information Report nor in the statement
under Sections 164 and 161 Cr.P.C. However, when the
confession of the co-accused Munna was recorded he disclosed
the complicity of Laldeo Sahani i.e. the petitioner’s father but
did not disclose any thing about the complicity of the present
petitioner. The further material against the petitioner is that
the kidnapped person had been kept in the house of the
petitioner for one night.
Considering that the petitioner’s father has been
disclosed to be actively in complicity with the co-accused
persons and only that the person kidnapped had been kept in
the house of the petitioner would not show the involvement of
the petitioner in this occurrence, let the petitioner, above
named who is in custody since 03.06.2009 and has no criminal
antecedent be released on bail on furnishing bail bond of Rs.
5,000/- (Five Thousand) with three sureties of the like amount
each or any other surety as fixed by the Court to the
satisfaction of Chief Judicial Magistrate, Muzaffarpur in
connection with Motipur P.S. Case No. 68 of 2009 subject to
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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, the other
bailor shall be the brother/wife of the petitioner and the third
bailor shall be local since the petitioner belongs to Gopalganj.
The bailor 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.
(Anjana Prakash, J.)
Vikash/-