IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32984 of 2011
Tahir Mian @ Md. Tahir son of Mahmood Mian
Versus
The State Of Bihar
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2. 13.10.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 457, 380 and 511 of the Indian Penal
Code.
Considering that the petitioner is in custody since
21.6.2011 and now the petitioner’s father undertakes his
responsibility, let the petitioner above named, who has fair
antecedents, 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 S.D.J.M., Sikrahna at
Motihari in connection with Pakridayal P.S. Case No.59 of
2011, 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) 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
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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.
Counsel for the petitioner submits that the petitioner
has been repeatedly implicated in cases on account of the
hostile attitude of the police and wishes to regain his self
esteem, for this reason the petitioner volunteers to report to
the Imam of local Masjid, Motihari within 15 days of his
release with a copy of this order. The Imam is requested to
evolve the petitioner on fruitful activities for the next six
months and in case the petitioner’s conduct is in any way
found not satisfactory, a report will be made to the court
concerned, who will proceed for cancellation of bail after
calling for a report about the petitioner’s conduct.
Narendra/ ( Anjana Prakash, J. )