IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15701 of 2010
BINOD MEHTA @ MARANDI, SON OF LATE RAMANUGRAH
PRASAD
Versus
THE STATE OF BIHAR
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4. 13.07.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence
under Sections 385, 387 of the Indian Penal Code and Section 17 of
the C.L.A. Act.
It has been submitted that the petitioner is in custody since
4.9.2009 and undertakes never to indulge in any anti social activities
for which the petitioner’s own brother is ready to stand surety and
vouch for his activities after he is released from jail custody.
In view of such, 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 to the satisfaction of Sub Divisional
Judicial Magistrate, Sherghaty, in Sherghaty P.S. Case No. 205 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 brother of the petitioner. The bailor will undertake to
furnish information to the Court about any change in address of the
petitioner. The Magistrate concerned shall ensure proper identification
papers of the petitioner as well as the bailors so that there is no
confusion about his identity at a later point in time. (ii)That the bailor
shall also state on affidavit that he will inform the court concerned if
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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.
In view of the antecedents of the petitioner, the petitioner is
directed to appear before the Superintendent of Police, Gaya, within
fifteen days of his release with a copy of this order and thereafter
every two weeks for the next one year. 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.
( Anjana Prakash, J.)
S.Ali