High Court Patna High Court - Orders

Kanhaiya Lal &Amp; Anr vs State Of Bihar on 29 July, 2010

Patna High Court – Orders
Kanhaiya Lal &Amp; Anr vs State Of Bihar on 29 July, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.25562 of 2010
                1. KANHAIYA LAL, S/o Sri Nand Lal.
                2. Surendra Yadav, S/o Sri Pal Singh.
                               Versus
                        THE STATE OF BIHAR
                              -----------

02. 29.07.2010 Heard learned counsel for the petitioners and

the State.

The petitioners seek bail in a case instituted

for the offences under Section 414, 420, 467, 468,

471 and 485 of the Indian Penal Code.

It has been submitted that the petitioners

were drivers of allegedly stolen truck. Admittedly,

they were not owners of the said truck and they are

in custody since 25.01.2010 and have no criminal

antecedents.

In view of such, let the petitioners, above

named be released on bail on 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, Aurangabad in connection with

Madanpur P.S. Case No. 14 of 2010 subject to the

following conditions:- (i) That one of the bailors shall

be local since the petitioners belong to Uttar Pradesh

and the other bailor shall be the father/brother of the
2

petitioners. The bailor will also undertake to inform

the Court if there is any change in the address of the

petitioners. (ii) That the affidavit shall clearly state

that the petitioners are not accused in any other case

and if they are they shall not be released on bail. (iii)

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. (iv)

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. (v) 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.

(Anjana Prakash, J.)
Vikash/-