High Court Patna High Court - Orders

Mohit Kumar vs State Of Bihar on 29 July, 2010

Patna High Court – Orders
Mohit Kumar vs State Of Bihar on 29 July, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.25602 of 2010
                      MOHIT KUMAR, SON OF LATE AMARNATH SINGH
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 29.07.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Section 379 of the Indian Penal Code.

It has been submitted that the petitioner is not

named in the First Information Report which pertains to

snatching of the Mobile of the Informant but subsequently, his

named transpired in the confessional statement of the co-

accused and, thereafter, the looted Mobile was recovered from

his house.

Considering that the petitioner is in custody since

24.5.2010 and the petitioner’s mother undertakes responsibility

of the petitioner’s conduct after he is released from jail custody,

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 to the satisfaction of Chief

Judicial Magistrate, Gaya, in Rampur P.S. Case No. 75 of 2010

subject to the following 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

the other shall be the mother of the petitioner. The bailor will

undertake to furnish information to the Court about any change
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in 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.

It has been submitted that the petitioner is an

accused in only one other case which fact will be verified by the

Magistrate before releasing the petitioner on bail.

( Anjana Prakash, J.)
S.Ali