IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16881 of 2011
Harendra Paswan Son of Sri Hira Paswan @ Hira Lal Paswan
Versus
The State Of Bihar
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4. 26.9.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 395 of the Indian Penal Code.
It has been submitted that the petitioner is not
named in the First Information Report and subsequently his
complicity arose when the call details from one of the looted
Mobiles was recovered, in which some calls are said to have
been made to the petitioner from one of the looted Mobiles.
Considering that apart from suspicion there is no
allegation against the petitioner, who 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 to be fixed by the
court concerned to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad in connection with Arwal P.S. Case
No.197 of 2010, subject to the conditions (i) That one of the
bailors shall be the father of the petitioner and the other bailor
will be a close relative of the petitioner who will give an
affidavit giving genealogy as to how he is related with the
petitioner. The bailor will undertake to furnish information to
the Court about any change in address of the petitioner. (ii)
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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 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 if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
Narendra/ ( Anjana Prakash, J. )