IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.14371 of 2010
KARE KHAN son of Mokim Khan
Versus
STATE OF BIHAR
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4/ 26.10.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 364, 302, 201 of the Indian Penal Code.
It has been submitted that the petitioner is not named in
the First Information Report and subsequently he was implicated on
the basis of confessional statement of the co-accused but there is no
direct material against him.
Considering the same, 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 the Chief Judicial
Magistrate, Khagaria, in connection with Maheshkhut P.S. case
no.06 of 09, subject to the 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
bailor shall be the mother of the petitioner. The bailors will
undertake to furnish information to the court about any change in the
address of the petitioner, (ii) That the bailors shall also state on
affidavit that they 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
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misuse, (iii)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, (iv) 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.
In view of the antecedents of the petitioner, the petitioner
is directed to appear before the Superintendent of Police, Khagaria,
within fifteen days of his release with a copy of this order and every
two weeks thereafter for the next nine months. The conduct of the
petitioner 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 petitioner before the court concerned.
JA/- (Anjana Prakash, J.)