High Court Patna High Court - Orders

Harendra Paswan vs The State Of Bihar on 26 September, 2011

Patna High Court – Orders
Harendra Paswan vs The State Of Bihar on 26 September, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.16881 of 2011
                   Harendra Paswan Son of Sri Hira Paswan @ Hira Lal Paswan
                                              Versus
                                      The State Of Bihar
                                            -----------

4. 26.9.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Section 395 of the Indian Penal Code.

It has been submitted that the petitioner is not

named in the First Information Report and subsequently his

complicity arose when the call details from one of the looted

Mobiles was recovered, in which some calls are said to have

been made to the petitioner from one of the looted Mobiles.

Considering that apart from suspicion there is no

allegation against the petitioner, who has fair antecedents, 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 learned Chief Judicial

Magistrate, Jehanabad in connection with Arwal P.S. Case

No.197 of 2010, subject to the conditions (i) That one of the

bailors shall be the father of the petitioner and the other bailor

will be a close relative of the petitioner who will give an

affidavit giving genealogy as to how he is related with the

petitioner. The bailor will undertake to furnish information to

the Court about any change in address of the petitioner. (ii)
-2-

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

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 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 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 if he

fails to do so on two consecutive dates, his bail will be liable to

be cancelled.

Narendra/                        ( Anjana Prakash, J. )