IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.15892 of 2011
Md. Rustam son of Md. Sohrab
Versus
The State Of Bihar
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3/ 14.10.2011 Heard learned counsel for the petitioner and the State.
The petitioner was refused bail by order dated
28.09.2010 vide Cr. Misc. No.21319 of 2010, but has renewed the
prayer for bail on the ground that he is in custody since 31.03.2010
but till date not a single witness has been examined.
A report was called for from the Trial Court from which
it appears that charges were framed on 26.10.2010 but not a single
witness has turned up despite notices to them.
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 below to the satisfaction of the
Additional Sessions Judge-cum-Fast Track Court No.4, Munger, in
connection with S.C. No. 648 of 2010, subject to the 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 another bailor shall be Md. Raza, brother of the
petitioner. The bailors will undertake to furnish information to the
court about any change in the address of the petitioner, (ii) That the
bailors shall also state on affidavit that they 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
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below will be at liberty to initiate the proceeding for cancellation of
bail on the ground of misuse, and (iii) 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,
Munger, 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.
JA/- (Anjana Prakash,J.)