IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.30680 of 2010
HABIB MIAN s/o Ismail Mian
Versus
STATE OF BIHAR
With
Cr. Misc. No. 25784 of 2010
ISRAIL MIAN s/o Late Akbar Mian
Versus
STATE OF BIHAR
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3/ 28.10.2010 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under sections 395,397 of the Indian Penal Code.
It has been submitted that the petitioners are not named in
the First Information Report and subsequently they were named by
the witnesses stating that they had been seen in the vicinity with
bundles on their heads. However, there has been no recovery from
their possession which is the subject matter of the present dacoity.
Considering the same, let the petitioners, 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 the Chief
Judicial Magistrate, Motihari, in connection with Rajepur P.S. case
no.40 of 2010, subject to the conditions (i) that one of the bailors will
be a close relative of the petitioners, who will give an affidavit giving
genealogy as to how he is related with the petitioners and the other
bailor shall be the father/brother of the petitioners. The bailors will
undertake to furnish information to the court about any change in the
address of the petitioners, (ii) that the bailors shall also state on
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affidavit that they will inform the court concerned if the petitioners are
implicated in any other case of similar nature after their 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,(iii) that
the petitioners will give an undertaking that they will receive the police
papers on the given date and be present on date fixed for charge and if
they fail to do so on two given dates and delay the trial in any manner,
their bail will be liable to be cancelled for reasons of misuse, and (iv)
that the petitioners will be well represented on each date and if they fail
to do so on two consecutive dates, their bail will be liable to be
cancelled.
In view of the antecedents of the petitioners, the petitioners
are directed to appear before the Superintendent of Police, Motihari,
within fifteen days of their release with a copy of this order and every
two weeks thereafter for the next nine months. The conduct of the
petitioners 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 petitioners before the court concerned.
JA/- (Anjana Prakash, J.)