IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.22182 of 2010
SANTOSH KUMAR, S/o Shri Sanjay Singh.
Versus
THE STATE OF BIHAR
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03. 30.09.2010 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
and later on Section 411 IPC was added.
It has been submitted that the petitioner is not
named in the First Information Report and his name
transpired in the confessional statement of co-accused
but there has been no recovery from his possession. The
further submission is that there was only one other case
pending against the petitioner which fact shall be verified
by the Magistrate concerned before releasing the
petitioner on bail.
In view of such, 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, Lakhisarai in
connection with Lakhisarai P.S. Case No. 65 of 2010
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
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with the petitioner and the other bailor shall be the
brother of the petitioner. 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 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/-