High Court Patna High Court - Orders

Anandi Prasad vs State Of Bihar on 28 October, 2010

Patna High Court – Orders
Anandi Prasad vs State Of Bihar on 28 October, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.36048 of 2010
              ANANDI PRASAD S/O BALESHWAR PRASAD
                                 Versus
                          STATE OF BIHAR
                                -----------

2. 28.10.2010 Heard learned Counsel for the petitioner

and the State.

The petitioner seeks bail in a case instituted

for the offence under Sections 147, 148, 342, 435,

427, 307, 386 of the Indian Penal Code and 3/4 of the

Explosive Substance Act and 17 of Criminal

Amendment Act.

Considering that the petitioner is not

named in the First Information Report and was named

much later in the confessional statement of the co-

accused, 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,

Gaya in connection with Tekari P.S. Case No.

82/2010, subject to the conditions, (i) That one of the

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 and the other bailor shall be
2

the brother of the petitioner namely Mithlesh Prasad.

The bailor will undertake to furnish information to the

Court about any change in 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 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 if he fails to do so on two consecutive

dates, his bail will be liable to be cancelled.

Fahad.                                ( Anjana Prakash, J. )