IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22420 of 2010
BISHAKHI SADA, son of Mahavir Sada
Versus
STATE OF BIHAR
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3/ 05.10.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under sections 342 and 387/34 of the Indian
Penal Code and 17/18 of C.L.A. Act.
Considering that the petitioner is not named in
the First Information Report and subsequently his name
transpired during the investigation but it is not known as
to why the witness did not disclose the name to the
informant, let the petitioner above named, who is in
custody since 04.12.2009, 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
Judicial Magistrate, 1st Class, Khagaria in connection
with Allouli P.S. Case No. 134 of 2005 (G.R. No.
1550B/05), subject to the conditions, (i) That one of the
bailor will be a close relative of the petitioner who will
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give an affidavit giving genealogy as to how he is related
with the petitioner and the other bailor shall be the
father/brother of the petitioner. 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, (v) In view of the nature of
the offence of the petitioner, the petitioner is directed to
appear before the Superintendent of Police, Khagaria
within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine
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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.
Ashwini/ ( Anjana Prakash, J. )