IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13733 of 2010
AMIT KUMAR S/O MAHENDRA PRASAD SINGH
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.18631 of 2010
CHHOTI YADAV S/O ETWARI YADAV
Versus
STATE OF BIHAR
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3. 05.7.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offence under Sections 379, 411, 120 B, 427,
34 of the Indian Penal Code, 15, 16, 20 of U.P.A. Act,
17 C.L.S. Act, 27 Arms Act 4/23 Petroleum Act and
3/4 Public Property Act.
The prosecution case is that on secret
information that diesel was being stolen from I.O.C.
pipe line, a raid was conducted and the petitioners
were arrested under suspicious circumstances.
Considering that the petitioners are in
custody since 7.2.2010 and under take not to
indulge any similar activities, let the petitioners,
above named, be released on bail on furnishing bail
bond of Rs. 5,000/- (five thousand) each with two
sureties of the like amount each to the satisfaction of
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the learned Chief Judicial Magistrate, Jamui, in
connection with Jhajha P.S. case no. 39/2010, C.R.
No. 214/2010, subject to the conditions, (i) That one
of the bailors will be a close relative of the
petitioners, who will give an affidavit giving genealogy
as to how he is related with the petitioners and the
other bailor shall be the father of the petitioners. The
bailors will undertake to furnish information to the
court about any change in the address of the
petitioners, (ii) That the bailor shall also state on
affidavit that he will inform the court concerned if
the petitioners are implicated in any other case of
similar nature after their 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 misuses, (iii) That the petitioners will give
an undertaking that they will receive the police
papers on the given date and be present on date
fixed for charge and if they fail to do so on two given
dates and delays and trial in any manner, their bail
will be liable to be cancelled for reasons of misuse,
(iv) That the petitioners will be well represented on
each date and if they fail to do so on two consecutive
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dates, their bail will be liable to be cancelled, (v) In
view of the antecedents of the petitioners, the
petitioners are directed to appear before the
Superintendent of Police, Patna, 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 petitioners 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 petitioners before the court concerned.
Fahad. ( Anjana Prakash, J. )