High Court Patna High Court - Orders

Manoj Malakar & Anr. vs The State Of Bihar on 25 October, 2011

Patna High Court – Orders
Manoj Malakar & Anr. vs The State Of Bihar on 25 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Criminal Miscellaneous No. 34674 of 2011
                   1. Manoj Malakar S/O Rajendra Malakar R/O Village
                       - Suiya, P.S. Katoria, Distt. Banka.
                   2. Babloo Singh S/O Birendra Singh R/O Village -
                       Konal Ashotar, P.S. Ashotar, P.S. Ashotar, Distt.
                       Fatehpur (Uttar Pradesh), At Present Resident At
                       Village - Bangama, P.S. Belhar, District - Banka.
                                               Versus
                                       1. The State of Bihar
                                           ----------------

02. 25.10.2011 Heard learned counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for

the offences under Section 414 of the Indian Penal Code

and Section 7 of the E.C. Act.

Considering that the petitioners are in custody

since 18.08.2011 and are first offenders, 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 or any other surety as

fixed by the Court to the satisfaction of Sub-Divisional

Judicial Magistrate, Jamui in connection with Jamui P.S.

Case No. 270 of 2011 subject to the following conditions:-

(i) That one of the bailors will be a close relative of the

petitioners who will give an affidavit giving genealogy as to

how he is related with the petitioners and the other bailor

shall be the father/brother of the petitioners. The bailor

will also undertake to inform the Court if there is any

change in the address of the petitioners. (ii) That the
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affidavit shall clearly state that the petitioners are not an

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/-