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Patna High Court – Orders
Dharmendra Sah vs The State Of Bihar on 13 October, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Criminal Miscellaneous No.24481 of 2011
                             Dharmendra Sah, son of Gopi Sah
                                              Versus
                                     The State Of Bihar
                                  ----------------------------------

3. 13.10.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Sections 413 and 414/34 of the Indian Penal

Code.

Considering that the petitioner is in custody since

15.1.2011 for having been arrested in the house of the co-

accused along with incriminating articles and now the

petitioner’s father undertakes his responsibility, 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,

Katihar, in connection with Barari P.S. Case No. 06 of 2011,

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 father of the petitioner.

The bailor will also undertake to inform the Court if there is any

change in the address of the petitioner. (ii) 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
2

thereafter the court below will be at liberty to initiate the

proceeding for cancellation of bail on the 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 and if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

The Magistrate concerned is directed to consider

amalgamation of the present case with Barari P.S. Case No.

05 of 2011 since both the cases arise out of the same

transaction.

( Anjana Prakash, J.)
S.Ali


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