High Court Patna High Court - Orders

Akhilesh Mandal @ Akhilesh Kumar … vs The State Of Bihar on 30 March, 2011

Patna High Court – Orders
Akhilesh Mandal @ Akhilesh Kumar … vs The State Of Bihar on 30 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.2093 of 2011
         AKHILESH MANDAL @ AKHILESH KUMAR MANDAL, SON OF LATE
         FAKER MANDAL
                                           Versus
                                THE STATE OF BIHAR
                                         -----------

2. 30.03.2011 Heard learned counsel for the petitioner and the

State.

It has been submitted that even though the petitioner

was refused bail earlier by an orders dated 4.1.2010 and

23.7.2010 passed in Cr. Misc. 43002 of 2009 and Cr. Misc.

24843 of 2010 respectively but the prayer for bail is being

renewed on the ground that the petitioner is in custody since

17.7.2009 and in the two cases which were pending against

him in one of them final report was submitted and in the other

he has been acquitted. This fact shall be verified by the

Magistrate before releasing the petitioner on bail.

Considering the same, let the petitioner above

named, 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 Sub Divisional Judicial Magistrate,

Naugachia, Distt. Bhagalpur, in Parbatta (Naugachia) P.S. Case

No. 86 of 2009 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 shall be the wife of the petitioner. The
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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 the 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 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.)
S.Ali