IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19355 of 2010
JITENDRA KUMAR S/O RAM KARAN THAKUR
Versus
STATE OF BIHAR
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4. 12.08.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 394/411 of the Indian Penal Code.
The prosecution case is that the petitioner was
arrested while he was allegedly driving the vehicle after drugging
the driver. However, during investigation the driver disclosed that
he had been given wine to drink and had become intoxicated, the
petitioner and then started driving vehicle and on hulla people
gathered and arrested them. It is submitted that the petitioner has
no criminal antecedents, which fact will be verified by the
Magistrate before releasing the petitioner on bail by calling for a
report about his antecedent from S.P. Begusarai, since the
petitioner belongs to Begusarai.
In view of such, 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 to the
satisfaction of learned Chief Judicial Magistrate, Munger in
connection with Kotwali P.S. Case No. 104 of 2010, subject to the
conditions, (i) That one of the bailors will be local in nature since
petitioner belongs to Begusari and the other bailor shall be the
father/brother of the pettioner. The bailor will undertake to furnish
information to the court about any change in the address of the
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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.
Fahad. ( Anjana Prakash, J. )