IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29052 of 2011
1. Gabbar Poddar @ Mithilesh Poddar, S/o Baikunth
Poddar, R/o Vill. Barkop Deru, P.S. Dhoraiya,
Distt. Banka.
Versus
1. The State of Bihar
------------------
02. 08.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 147, 148, 149, 341, 342,
323, 307, 353, 436, 427, 109, 392 and 511 of the Indian
Penal Code and Section 3(2)(C) of the Public Property
Damage Act.
Considering that the petitioner is in custody
since 26.05.2011 and no specific overt act has been
alleged against him and he has fair 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 or any other surety as fixed by the
Court to the satisfaction of 2nd Additional Sessions Judge,
Banka in connection with S.Tr. No. 667/2011 arising out
of Dhoraiya P.S. Case No. 39 of 2011 (G.R. Case No.
531/2011) 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 bailor shall be
2
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 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.)
Vikash/-