IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45023 of 2010 MAKHAN RAM son of Bhagirathi Ram Versus THE STATE OF BIHAR -----------
2/ 16.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 7 of the Essential Commodities Act.
Considering that the petitioner is in custody since
02.11.2010 and is the first offender, 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 below to the satisfaction of the Chief
Judicial Magistrate, Bettiah, West Champaran, in connection with
Shikarpur P.S. Case No.73 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 another bailor shall be Saryug Ram, uncle of the
petitioner. The bailor 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 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
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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.)