IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25171 of 2011
Chandan Kumar, Son of Surendra Sahni.
Versus
The State Of Bihar
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2 04.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Section 392 of the Indian Penal Code.
The petitioner is not named in the first information
report and one month later was arrested on the basis of the
location of the looted mobile and he has no criminal antecedent.
In view of such, 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 below to the satisfaction of Chief
Judicial Magistrate, Patna in connection with Patliputra P.S.
Case No. 86 of 2011 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 another bailors shall be the brother of the
petitioner namely Amar Kumar. The bailors will undertake to
furnish information to the court about any change in the address
of 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 bailors shall also state
on affidavit that they will inform the court concerned if the
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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, (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, and (v) 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.
Learned counsel for the petitioner submits that he has
been implicated repeatedly at the instance of the local police,
who is hostile to the petitioner, and seeks protection of a person
well reputed doing social service in the area. Under the
circumstances, the petitioner will report to Mr. Kishore Kunal,
Chairman, Bihar Religious Trust Board, Bihar, Patna, within
fifteen days of his release on provisional bail for a period of six
months and file a certificate about the same in the court within
the stipulated time. In case, the petitioner fails to file certificate,
notice shall be sent to him for cancellation of bail, (ii) That once
the petitioner reports to Mr. Kunal, Mr. Kunal is requested to
evolve a method by which without affecting the petitioner’s
present vocation, if any, the petitioner can be made socially
productive so that an effort is made to bring him back in the
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main stream of the society/he is given adequate protection and
(iii) At the end of the six months, the petitioner will be required
to file a certificate in the court below granted by Mr. Kishore
Kunal. If the certificate granted to the petitioner is found
satisfactory, the court below will confirm the provisional bail
granted to the petitioner or else will issue notice for cancellation
of bail.
( Anjana Prakash, J.)
Md. Ibrarul