High Court Patna High Court - Orders

Rajesh Kumar Sah @ Rajeshwar Kumar … vs State Of Bihar on 10 August, 2010

Patna High Court – Orders
Rajesh Kumar Sah @ Rajeshwar Kumar … vs State Of Bihar on 10 August, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.26671 of 2010
      RAJESH KUMAR SAH @ RAJESHWAR KUMAR SAH, S/o Saryug Sah.
                                Versus
                         THE STATE OF BIHAR
                               -----------

02. 10.08.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Section 379 of the Indian Penal Code

and later on Section 414 of the Indian Penal Code was

added.

It has been submitted that the petitioner is in

custody since 13.01.2010 since he and the co-accused

confessed about stolen motor-cycle which was recovered

from the house of co-accused Ranjeet Yadav.

Considering the same, 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, Madhubani in connection with Bisfi P.S. Case

No. 7 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 father 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
2

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

one other case besides the present one will be verified by

the Magistrate concerned before releasing the petitioner on

bail.

(Anjana Prakash, J.)
Vikash/-