IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27393 of 2011
1. Gyan Chand Ram, S/o Jita Ram, R/o Vill.-Bhelma, P.S.-Kudra,
Dist.-Bhabhua
Versus
1. The State of Bihar
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02. 23.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offences under Section 395 of the Indian Penal Code.
Considering that the petitioner is in custody since
22.08.2009 on the basis of confessional statement of the co-
accused but neither has he been put on test identification
parade nor has any recovery been made from his possession,
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 Sessions Judge, F.T.C.-V,
Kaimur at Bhabhua in connection with S.Tr. No. 1/10/1/10
arising out of Mohania P.S. Case No. 131 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 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 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
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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.
In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Kaimur within fifteen days of his release with a copy of
this order and every two weeks thereafter for the next one year.
The conduct of the petitioner will be kept under watch in this
period by the superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
(Anjana Prakash, J.)
Vikash/-