IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13469 of 2010
1. JABBAR NUTT, S/o Belash Nut.
2. Patarki Nutt, S/o Mahjid Nut.
Versus
THE STATE OF BIHAR
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04. 23.06.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offences under Sections 395 and 397 of the
Indian Penal Code.
It has been submitted that the petitioners are
not named in the First Information Report but during
investigation some witnesses disclosed the complicity
of the petitioners as having been seen running away
from the place of occurrence on the night of the
occurrence. It has been submitted that had the
petitioners been in fact seen after the occurrence
their names would have been disclosed by the
informant in the First Information Report and it
being absent the whole story of identification appears
to be concocted.
Considering the same and also that there has
been no recovery from their possession, let the
petitioners, above named be released on bail on
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furnishing bail bonds of Rs. 5,000/- (Five Thousand)
each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Siwan in
connection with Mairwa P.S. Case No. 146 of 2009
subject to the following 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 wife of the petitioners. The bailor will also
undertake to inform the Court if there is any change
in the address of the petitioners. (ii) That the bailor
shall also state on affidavit that he 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 delays the trial in any
manner, their bail will be liable to be cancelled for
reasons of misuse. (iv) That the petitioners will be well
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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
Supdt. of Police, Siwan within fifteen days of their
release with a copy of this order and thereafter every
two weeks for the next one year. The conduct of the
petitioners will be kept under watch in this period by
the S.P. 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.
(Anjana Prakash, J.)
Vikash/-