IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28080 of 2011
1. Pappu Sahani S/O Dudhnath Sahani R/O Vill.
Chandiasthan, P.S. Bagaha, Distt. West Champaran.
Versus
1. The State Of Bihar.
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02. 26.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 414 of the Indian Penal Code.
Considering that the petitioner is a bona fide
purchaser of the stolen motorcycle and is in custody since
07.03.2011 and there is no previous history of similar
kind of offence, 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 Additional Chief Judicial Magistrate,
Bagaha, West Champaran in connection with Bagaha P.S.
Case No. 308 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 bailor
shall be the brother of the petitioner namely Raju Kumar
Sahani. The bailor will also undertake to inform the Court
if there is any change in the address of the petitioner. (ii)
That the affidavit shall clearly state that the petitioner is
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not an accused in any other case of similar nature 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 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. (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.
(Anjana Prakash, J.)
Vikash/-