IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19503 of 2010
BISHUNDEO SAHNI S/O RAMCHANDRA SAHNI
Versus
STATE OF BIHAR
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3. 27.08.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 395 and 397 of the
Indian Penal Code.
It has been submitted that the petitioner is
not named in the First Information Report and
subsequently his name transpires in the confessional
statement of the co-accused but there has been no
recovery nor has he been on Test Identification
Parade.
Considering the same as also that he has no
criminal antecedents, 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 Chief Judicial
Magistrate, Darbhanga in connection with Town P.S.
Case No. 10/2010, subject to the conditions, (i) That
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one of the bailor will be a close relative of the
petitioner and the other bailor shall be the mother of
the petitioner. who will give an affidavit giving
genealogy as to how he is related with 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. )