High Court Patna High Court - Orders

Ram Yash Safi vs The State Of Bihar on 16 March, 2011

Patna High Court – Orders
Ram Yash Safi vs The State Of Bihar on 16 March, 2011
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr. Misc. No.44835 of 2010
               RAM YASH SAFI son of Ranvir Rajak @ Ranvir Safi
                                   Versus
                          THE STATE OF BIHAR
                                  -----------

2/ 16.03.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 394, 411 and 120-B of the Indian Penal

Code.

It has been submitted that the petitioner is not named in

the First Information Report nor is there any recovery from his

possession.

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 or any other

surety to be fixed by the court below to the satisfaction of Sri

Prabhakar Jha, Judicial Magistrate, 1st class, Jhanjharpur,

Madhubani, in connection with Phulparas P.S. Case No.2 of 2009,

subject to the 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 another

bailor shall be the father of the petitioner. The bailors will undertake

to furnish information to the court about any change in the address

of the petitioner, (ii) That the bailors shall also state on affidavit that

they 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
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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, and (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 Superintendent of Police,

Madhubani, within fifteen days of his release with a copy of this

order and every two weeks thereafter for the next nine months. The

conduct of the petitioner will be kept under watch in this period by

the Superintendent of Police 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.

JA/-                                           (Anjana Prakash,J.)