IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27531 of 2010 CHANDAN SINGH SON OF LATE VIJAY SINGH Versus STATE OF BIHAR With Cr.Misc. No.28009 of 2010 RAUSHAN SINGH SON OF DHIRENDRA PRASAD SINGH Versus THE STATE OF BIHAR -----------
2. 16.8.2010 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 379, 411 and 120B of the Indian Penal
Code.
Considering that the motorcycle was recovered from
the joint possession of the accused persons and the petitioners
have no criminal antecedents, let the petitioners above named,
who are in custody since 7.5.2010, be released on bail on
furnishing bail bond of Rs.5,000/- (Five thousand) eachwith two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Kaimur (Bhabua) in Bhabua P.S.case No.172 of 2010,
subject to the conditions (i) That one of the bailors shall be the
father/mother/sister of the petitioners and the other bailor will be a
close relative of the petitioners who will give an affidavit giving
genealogy as to how he is related with the petitioners. The bailor
will undertake to furnish information to the court about any change
in the address of the petitioners, (ii) that the affidavit shall clearly
state that the petitioners are not an accused in any other case and
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if they are they shall not be released on bail, (iii) that the bailor
shall also state on affidavit that he will inform the court concerned if
the petitioners are implicated in any other case of similar nature
after their 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, (iv) that the petitioners will give an
undertaking that they will receive the police papers on the given
date and be present on date fixed for charge and if they fail to do
so on two given dates and delays the trial in any manner, their bail
will be liable to be cancelled for reasons of misuse and (v) that the
petitioners will be well represented on each date and if they fail to
do so on two consecutive dates, their bail will be liable to be
cancelled.
( Anjana Prakash, J. )
Narendra/