High Court Patna High Court - Orders

Raj Kumar Das vs State Of Bihar on 14 September, 2010

Patna High Court – Orders
Raj Kumar Das vs State Of Bihar on 14 September, 2010
           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
                              -----------

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/-