IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37717 of 2011
Abu Talib @ Md. Talib, son of late Sk. Taiyab, resident of village-Baturbari,
P.S.-Tarabari, District-Araria. ...........Petitioner
Versus
The State of Bihar ..........Opp. Party.
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2 21.11.2011 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
It is a case of misuse of privilege of bail. It is submitted
on behalf of the petitioner that the petitioner is a labourer. He had
gone to Punjab in order to earn his livelihood. He is in custody
since 16.6.2011. He undertakes not to misuse the privilege of bail
in future.
It is also submitted that the petitioner has got no criminal
antecedent.
Considering the facts and circumstances of the case, the
petitioner is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand only) with two sureties of the like
amount each to the satisfaction of the learned Ist Additional
Sessions Judge, Araria in connection with S.T. No. 809 of 2011
arising out of Araria P.S. Case No. 88 of 1995 subject to the
following conditions that (i) That bailors should be the son and
close relative of the petitioner. The bailors 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 accused in any other case and if he is he shall
not be released on bail. (iii) That the bailor shall also state on
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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
the 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.
Sanjeet/ (Ashwani Kumar Singh, J.)