IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10605 of 2010
SANTOSH YADAV, SON OF SRI SIKANDRA YADAV
Versus
STATE OF BIHAR
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7. 13.07.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 393 of the Indian Penal Code and
Section 27 of the Arms Act.
It has been submitted that by an order dated
29.7.2009, the petitioner was refused bail vide Cr. Misc. 18101
of 2009 but with liberty to renew his prayer for bail after having
remained in custody for one year. Further submission is that the
petitioner is in custody since 27.1.2009.
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 to the
satisfaction of Chief Judicial Magistrate, Saharsa, in Saur Bazar
P.S. Case No. 239 of 2008, G.R. No. 1464 of 2008 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 undertake to furnish information to the Court about any
change in 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
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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.
In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Saharsa, within fifteen days of his release with a copy of
this order and thereafter every two weeks 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.
( Anjana Prakash, J.)
S.Ali