IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.22135 of 2010
LALLAN SAH son of Late Shobha Sah
Versus
STATE OF BIHAR
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2/ 09.07.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 392, 279, 412 of the Indian Penal Code.
Prosecution case is that the BOLERO car of the
informant was looted by unknown persons and thereafter it was dashed
against a truck. The petitioner is not named in the First Information
Report. Later on, certain witnesses stated that the petitioner was seen
in an injured condition in the same area and, therefore, he was
suspected to have been involved in the present case. It is clearly
asserted that the petitioner has no criminal antecedent.
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 Sri
Rahul Kumar, Judicial Magistrate, 1st class, Kaimur, Bhabua, in
connection with Bhabua P.S. Case No.225 of 2002 (Tr. No.856 of
2010), 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 brother 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 affidavit shall clearly state that the petitioner
is not accused in any other case and, if he is, he shall not be released
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on bail, (iii)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 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.
JA/- (Anjana Prakash, J.)