IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12585 of 2010
AFSAR BABU @ RAJAN, son of Md. Jiyaul Hasan, resident of
Village/Mohalla - Gaighat Babhan Tola (Alamganj Chowki), Police
Station - Alamganj, District-Patna.
____ Petitioner
Versus
STATE OF BIHAR _____Opposite party
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04. 1/9/2010 Prayer for bail of the petitioner was earlier rejected by this
Court. A fresh application has been filed now in view of the certain
developments that some other co-accused persons have been granted
bail on certain conditions by the High Court.
Counsel for the petitioner submits that father of the
petitioner undertakes fullest responsibility for the future conduct and
behaviour of the petitioner and that he shall not continue with his ways
and means of indulging in the crime after he is enlarged on bail.
Taking the above into consideration let the petitioner Afsar
Babu alias Rajan be enlarged on bail on furnishing bail bond of
Rs.15,000/- with two sureties of the like amount each to the satisfaction
of the Chief Judicial Magistrate, Patna in Kankarbagh P S Case No.225
of 2009. One of the sureties will be executed by the father of the
petitioner on due identification by the court below and the other by a
close relation, who shall file an affidavit stating the relationship with
due evidence in this regard. It is further recorded that the petitioner will
also be bound down by the following conditions:
(i) That the bailor will undertake to furnish information
to the court below about any change in address of the petitioner. (ii)
That the affidavit shall clearly state that the petitioner is not an
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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 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.
rkp ( Ajay Kumar Tripathi, J.)