IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25853 of 2010
RAJU PASWAN, S/o Late Munilal Paswan.
Versus
THE STATE OF BIHAR
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04. 25.11.2010 Supplementary-affidavit filed today be kept on record.
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offences under Section 392 of the Indian Penal Code.
It has been submitted that the petitioner is not
named in the First Information Report and subsequently was
implicated on the basis of his own confession as well as the
confession of the co-accused.
Considering that there has been no recovery from his
possession nor has Test Identification Parade been held, 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 Chief Judicial Magistrate, Aurangabad in
connection with Daudnagar P.S. Case No. 143 of 2004 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 elder brother of the petitioner namely
Ram Pravesh Ram. 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
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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.
In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Supdt. of Police,
Aurangabad within fifteen days of his release with a copy of this
order and thereafter every two weeks for the next one year. The
conduct of the petitioner will be kept under watch in this period
by the S.P. concerned and if it is found wanting in any respect,
a report shall be made to the court concerned by him to initiate
a proceeding for cancellation of bail for reasons of misuse of
bail. After reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court concerned.
(Anjana Prakash, J.)
Vikash/-