IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.17842 of 2010
MD. ABU HAYAT, S/o Late Alim.
Versus
THE STATE OF BIHAR
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03. 25.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 395 and 397 of the Indian
Penal Code.
It has been submitted that the petitioner is not
named in the First Information Report and subsequently
the father of the informant named the petitioner as one of
the dacoits but it is not explained as to why the
petitioner’s name was not disclosed at the earliest
instance. The further submission is that the petitioner is
an accused in only one other case of Arms Act and no
case of similar nature. This fact shall be verified by the
Magistrate concerned before releasing the petitioner on
bail.
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 as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Kishanganj in
connection with Kochadhaman P.S. Case No. 167 of 2009
subject to the following conditions:- (i) That one of the
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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
wife/brother of the petitioner. The bailor will also
undertake to inform the Court if there is any change in
the address of the petitioner. (ii) 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. (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.
(Anjana Prakash, J.)
Vikash/-