IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44808 of 2010
BUTTU KAHAR @ GUDDU RAM S/O LATE BABULAL RAM
Versus
THE STATE OF BIHAR
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3. 16.03.2011 Heard learned counsel for the petitioner and
the state.
The petitioner seeks bail in a case instituted
for the offence under Section 379 of the Indian Penal
Code and Section 40 of the Indian Electricity Act.
It has been submitted that the petitioner was
not arrested at the spot and his name transpired at
the confessional statement of the co-accused but there
has been no recovery from his possession and he is in
custody since 12.7.2007.
Considering the same, 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
Judicial Magistrate Ist Class, Nawada in connection
with Akbarpur P.S. Case No. 19/07, 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
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petitioner. The bailor will undertake to furnish
information to the Court about any change in address
of the petitioner. (ii) That the bailors shall also state
on affidavit that they 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 antecedents of
the petitioner, the petitioner is directed to appear
before the Superintendent of Police, Nalanda within
fifteen days of his release with a copy of this order and
every two weeks thereafter for the next one year. The
conduct of the petitioner will be kept under watch in
this period by the superintendent of Police concerned
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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.
Fahad. ( Anjana Prakash, J.)