IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1230 of 2010
MD.NAUSHAD
Versus
STATE OF BIHAR
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04. 27.10.2010 Heard counsel for the parties.
Petitioner is aggrieved by order dated 10.06.2010,
passed by learned Addl. Sessions Judge, Bhagalpur in Cr.
Appeal No.15/2010 (Md. Naushad vs. State of Bihar), whereby
his prayer for bail has been rejected. One of the reasons assigned
for the same is that the petitioner carries criminal antecedents.
It is admitted position that he has been declared
juvenile. It further appears that he is facing prosecution under
section 376 IPC and is in custody/remand home since
17.11.2008.
A supplementary affidavit has been filed enclosing
therewith the report of the Probation Officer, Bhagalpur
(Annexure-A-5). It appears therefrom that on verification he was
found not having any criminal antecedent. The case diary only
reflects a general comment about his previous antecedent.
Admittedly, no other case is pending against him. The present
supplementary affidavit has been affirmed by the father of the
petitioner. Learned counsel submits that father of the petitioner
will take responsibility respecting the petitioner if he is released
on bail.
In the facts and circumstances of the case, petitioner
abovenamed is directed to be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
2
amount each to the satisfaction of Principal Magistrate, J.J.
Board, Bhagalpur in G.R. Case No.4219/98 subject to the
condition that one of the bailors shall be father of the petitioner.
The father (deponent) of the present application shall keep a
vigil over the petitioner and produce him on the date fixed at the
trial. In case of default in such appearance, the trial court shall
cancel his bail bonds. During subsistence of present bail, if the
petitioner involves himself in any criminal case, the same shall
be considered as breach of conditions of bail entailing
cancellation of the same.
( Kishore K. Mandal )
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