IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26536 of 2010
AMIT KUMAR S/O LATE RAJ KUMAR RAM
Versus
THE STATE OF BIHAR
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4. 05.10.2010 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.
The petitioner was refused bail earlier by an
order dated 12.01.2010 vide Cr. Misc. No. 46409 of 2009
but it has been submitted that despite the charge having
been framed on 10.2.2010 till date despite service of
summons no witness has turned out.
Considering the same as also the petitioner is in
custody since 23.5.2009, 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 Sessions Judge, Nalanda at Bihar
Sharif in connection with Harnaut P.S. Case No. 136/2009,
subject to the conditions, (i) That one of the bailor will be a
close relative of the petitioner who will give an affidavit
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giving genealogy as to how he is related with the petitioner
and the other bailor shall be the brother/father/mother of 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 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.
Fahad. ( Anjana Prakash, J. )