IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31780 of 2010
MD.AZIM @ AZIM MIYAN S/O LATE IDRISH MIYAN
Versus
THE STATE OF BIHAR
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3. 27.09.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Section 395 of the
Indian Penal Code.
It has been submitted that the petitioner is
not named in the First Information Report but
subsequently he was suspected in the present
occurrence where after he was arrested and gave an
alleged confession before the police. It is after the
disclosure of the petitioner’s confession disclosing
his complicity that the informant on his re-
examination named the petitioner.
Considering the facts of the case there is no
recovery from his possession and now the
petitioner’s brother is ready to stand surety for his
conduct after release from jail custody, let the
petitioner above named, be released on bail on
furnishing bail bond of Rs. 5,000/-(Five thousand)
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with two sureties of the like amount each or any
other surety to be fixed by the court concerned to
the satisfaction of learned Chief Judicial Magistrate,
Aurangabad in connection with Rafiganj P.S. Case
No. 07/2009, subject to the conditions, (i) That one
of the 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 and the other bailor
shall be the brother of the petitioner. The bailor will
undertake to furnish information to the Court about
any change in 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 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
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well represented on each date if he fails to do so on
two consecutive dates, his bail will be liable to be
cancelled, (v) In view of the antecedents of the
petitioner, the petitioner is directed to appear before
the Superintendent of Police, Aurangabad within
fifteen days of his release with a copy of this order
and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept
under watch in this period by the superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the
court concerned.
Fahad. ( Anjana Prakash, J. )