IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25369 of 2010
RAJ KUMAR DAS, S/o Bimal Chandra Das.
Versus
THE STATE OF BIHAR
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03. 14.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 394 of the Indian Penal Code
and later on Section 411 IPC was added.
The petitioner was refused bail by order dated
17.12.2009 vide Cr. Misc. No. 33953 of 2009 but has
renewed his prayer for bail on the ground that the co-
accused who had participated in the dacoity as per the
confessional statement of Rajesh Pathak have been
granted bail by this Court.
Considering that the petitioner is in custody
since 09.05.2009 and apart from one other case inter-
connected with the present occurrence he has no criminal
antecedent, 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 Sri J. Lal, Judicial Magistrate, 1st Class, Purnea (or his
successor) in connection with Sadar P.S. Case No. 172 of
2009 subject to the following conditions:- (i) That one of
the bailors will be a close relative of the petitioner who will
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give an affidavit giving genealogy as to how he is related
with the petitioner and the other bailor shall be the
father/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.
The fact that the petitioner is an accused in only
two other cases besides the present one will be verified by
the Magistrate concerned before releasing the petitioner on
bail.
(Anjana Prakash, J.)
Vikash/-