IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.19525 of 2010
BABLU SINGH @ SANJAY SINGH son of Nageshwar Singh
Versus
THE STATE OF BIHAR
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4/ 26.10.2010 Supplementary affidavit on behalf of the petitioner is
being filed. Let it be kept with the record.
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 name transpired in
the statement of the some witnesses, who stated that the looted
mobile was being used by the petitioner.
Considering that there has been no recovery from his
possession nor has he been put on test identification parade, 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 the Chief Judicial Magistrate, Begusarai, in
connection with Bakhri P.S. case no.4 of 2008, subject to the
conditions (i) That one of the bailors 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 the brother
of the petitioner. The bailors will undertake to furnish information to
the court about any change in the address of the petitioner, (ii) That
the bailors shall also state on affidavit that they will inform the court
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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, (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 and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
In view of the antecedents of the petitioner, the petitioner
is directed to appear before the Superintendent of Police, Begusarai,
within fifteen days of his release with a copy of this order and every
two weeks thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found wanting in any
respect, a report shall be made to the court concerned by him to
initiate a proceeding for cancellation of bail for reasons of misuse of
bail. After reporting to the Superintendent of Police, a certificate will
be filed by the petitioner before the court concerned.
JA/- (Anjana Prakash, J.)