IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32564 of 2010
MITHILESH KUMAR SINGH
@ KUMAR MITHILESH PRASAD SINGH
S/O MATHURA SINGH
Versus
THE STATE OF BIHAR
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2. 29.09.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Sections
406,409,420,120 B/34 of the Indian Penal Code.
Considering that the petitioner is in
custody since 26.7.2010 and the now the informant
has resile from his earlier allegations made in the
First Information Report, 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 concerned to the satisfaction of Chief
Judicial Magistrate, Saharsa in connection with
Nauhatta P.S. Case No. 12/2006, subject to the
conditions, (i) That one of the bailor will be a close
relative of the petitioner who will give an affidavit
giving genealogy as to how he is related with the
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petitioner. The bailor will undertake to furnish
information to the Court about any change in
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
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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
Fahad. ( Anjana Prakash, J. )