IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15708 of 2010
RAM BILASH MUKHIYA, S/o Jitan Mukhiya.
Versus
THE STATE OF BIHAR
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04. 26.08.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 341, 332 and 353/34
of the Indian Penal Code and Sections 25(1-B) A, 26
and 35 of the Arms Act.
The petitioner was allowed bail by order
dated 31.03.2010 vide Cr. Misc. No. 10172 of 2010
on condition that an affidavit would be filed in his
regard that he had fair antecedents. However, since
the petitioner was an accused in three other cases
such an affidavit could not be filed.
However, since the petitioner is in custody
since 02.02.2010 and the petitioner’s father
undertakes responsibility for petitioner’s conduct
after his release from jail custody, 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 as fixed
by the Court to the satisfaction of Additional Chief
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Judicial Magistrate, Jhanjharpur, Madhubani in
connection with Bheja P.S. Case No. 7 of 2010 (G.R.
No. 100 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 father of the petitioner. The
bailor will also undertake to inform the Court if there
is any change in the 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
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cancelled.
In view of the antecedents of the petitioner,
the petitioner is directed to appear before the Supdt.
of Police, Madhubani within fifteen days of his release
with a copy of this order and thereafter every two
weeks for the next nine months. The conduct of the
petitioner will be kept under watch in this period by
the S.P. 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.)
Vikash/-