IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.27949 of 2011
Md. Shamshad @ Shahnawaz Khan son of Md. Ekbal Khan
Versus
The State Of Bihar
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2/ 25.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 420, 467, 468, 276/34 of the Indian Penal
Code, section 51 of the Copy Right Act and section 27 and 28 of the
Drugs and Cosmetics Act.
Considering that it is an admitted position that Md.
Nausahd used to produce duplicate creams and sold it with the
assistance of the petitioner, but there was no allegation that the
petitioner was also a party to production of the creams, let the
petitioner, above named, be released on bail on his undertaking that
he is not an accused in any other case and will not indulge in similar
activity in future 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, Nalanda, in connection with Laheri P.S. Case
No.121 of 2011, 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 the father 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 an accused in any other case and, if he is, he
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shall not be released 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, and (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.)