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
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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