High Court Patna High Court - Orders

Mahtab Alam vs State Of Bihar on 26 November, 2010

Patna High Court – Orders
Mahtab Alam vs State Of Bihar on 26 November, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.39351 of 2010
                    MAHTAB ALAM, S/o Md. Mustak.
                                Versus
                         THE STATE OF BIHAR
                               -----------

02. 26.11.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 419, 420, 467 and 471 of the

Indian Penal Code.

Considering that the petitioner is in custody

since 17.09.2010 and the entire case is based on

documentary evidence as also that the charge-sheet has

been submitted, let the petitioner, above named who has

fair antecedent 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 as fixed by the Court

to the satisfaction of Chief Judicial Magistrate, Patna in

connection with Gandhi Maidan P.S. Case No. 419 of

2010 subject to 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 and the other bailor shall be the

brother of the petitioner namely Md. Jabbar Alam. 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
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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/-