IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28925 of 2010
SHASHI MAHTO S/O LACHUMAN MAHTO
Versus
STATE OF BIHAR
-----------
3. 21.09.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case instituted
for the offence under Section 394 of the Indian Penal
Code.
It has been submitted that the petitioner is
not named in the First Information Report and
subsequently his name transpired by some witnesses
and there is only one other case pending against the
petitioner.
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 concerned to the satisfaction of
learned Chief Judicial Magistrate, Bhojpur at Ara in
connection with Ara Nawada P.S. Case No.
209/2010, subject to the conditions, (i) That one of
the bailor will be a close relative of the petitioner who
2
will give an affidavit giving genealogy as to how he is
related with the petitioner and the other bailor shall
be the father/brother of 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 his release in
the present case and thereafter the court below will
be at liberty to initiate the proceeding for cancellation
of bail on 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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
The fact that there is only one other case
pending against the petitioner will be verified by the
Magistrate before releasing the petitioner on bail.
Fahad. ( Anjana Prakash, J. )