IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15071 of 2010
RIZWAN AHMAD, SON OF BADRUZZAMA
Versus
THE STATE OF BIHAR
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3. 01.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 395, 397 and 412 of the Indian Penal
Code.
It has been submitted that the petitioner is not
named in the First Information Report and subsequently his
named was disclosed in the confessional statement of the co-
accused upon which allegedly Rs. 3,70,300/- was recovered
from the house of the petitioner. It has further been submitted
that the money was the petitioner’s own and he has no criminal
antecedents.
Considering the above and also that the petitioner is
in custody since 5.6.2009, 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 Judicial Magistrate, 1st Class, Siwan, in Siwan
Town P.S. Case No. 71 of 2009 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 shall be the
father of the petitioner. The bailor will undertake to furnish
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information to the court about any change in address of the
petitioner. (ii)That the affidavit shall clearly state that the
petitioner is not an accused in any other case and if he is, he
shall not be released on bail. (iii)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. (iv)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. (v) 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.)
S.Ali