IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32891 of 2010
DIPO MUKHIYA, S/o Jogi Mukhiya.
Versus
THE STATE OF BIHAR
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02. 01.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 420, 467, 468, 471 and
472/34 of the Indian Penal Code and Section 151 of
Railway Act.
Considering that the petitioner has remained in
custody since 22.06.2010 and has no criminal
antecedent, 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 as fixed by the Court to the satisfaction
of Railway Judicial Magistrate, Khagaria in connection
with Saharsa Rail P.S. Case No. 13 of 2010 (G.R. No. 76 of
2010) subject to the following conditions:- (i) That one of
the bailors shall be local since the petitioner belongs to
Saharsa and the other bailor shall be the father/brother
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 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
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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.
The Trial Court is well advised to conclude trial
positively within a period of one year in view of the nature
of offence.
(Anjana Prakash, J.)
Vikash/-