Dharma Dom vs State Of Bihar on 9 July, 2010

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.22423 of 2010
                            DHARMA DOM, SON OF BIRJU DOM
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 09.07.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 394, 411 and 120B of the Indian Penal

Code.

It has been submitted that the petitioner is not

named in the First Information Report and when one of the

looted Mobile was recovered from the possession of one Md.

Isa, he stated that he had purchased the same from the

petitioner which fact is corroborated from paragraph 24 of the

case diary.

However, considering that the petitioner is in custody

since 9.11.2009 and 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 to the satisfaction of Chief Judicial Magistrate,

Bettiah, West Champaran, in Sikarpur P.S. Case No. 264 of

2009 subject to the following 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 the other shall be the mother of the petitioner.

The bailor will undertake to furnish information to the court
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about any change in 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 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 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. (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.

( Anjana Prakash, J.)
S.Ali