IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34941 of 2010
KANHAIYA MAHTO, SON OF SURESH MAHTO @ SURO MAHTO
Versus
STATE OF BIHAR
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2. 28.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 341, 323, 352, 387, 506 and 34 of the
Indian Penal Code.
Considering that the petitioner is in custody since
22.7.2010 and has no criminal 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 Chief Judicial Magistrate, Begusarai, in
Begusarai Town P.S. Case No. 230 of 2010 subject to the
following conditions: (i)That one of the bailors will be a close
relative of the petitioner who will give an affidavit giving
genealogy as to how he is related with the petitioner and the
other shall be the mother of the petitioner. The bailor will
undertake to furnish information to the court about any change
in address of the 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
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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.
( Anjana Prakash, J.)
S.Ali