IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20518 of 2010 RAM SEWAK SAHANI @ BHUTWA SAHANI @ BHUTTA SAHANI, S/o Late Fakirchand Sahani. Versus THE STATE OF BIHAR -----------
02. 16.06.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 395, 397 and 398 of
the Indian Penal Code and Section 17 of C.L.A. Act.
Considering that the petitioner is not named
in the First Information Report nor was any
incriminating article was recovered from his
possession, let the petitioner, above named who is in
custody since 15.02.2010 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, Vaishali at
Hajipur in connection with Jandaha P.S. Case No. 42
of 2006 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. The bailor
will also undertake to inform the Court if there is any
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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.
(Anjana Prakash, J.)
Vikash/-