Shivjit Ram vs State Of Bihar on 9 July, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.13807 of 2010
                        BABAN SINGH SON OF SRI JAGARNATH SINGH
                                             Versus
                                      STATE OF BIHAR
                                               With
                                Cr.Misc. No.22363 of 2010
                             SHIVJIT RAM S/O MOTICHAND RAM
                                             Versus
                                      STATE OF BIHAR
                                           -----------

3. 9.7.2010 Heard learned Counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for the

offence under Sections 394, 120B and 397 of the Indian Penal

Code.

It has been submitted that the petitioners are not

named in the first information report and subsequently when the

co-accused was arrested he confessed the petitioners’ complicity in

the occurrence, However, it has been submitted that neither the

tractor nor the goods loaded on it were recovered from the

possession of the petitioners and they have no criminal

antecedents.

In view of such, let the petitioners above named, who

are in custody since 2.1.2010, be released on bail on furnishing

bail bond of Rs.5,000/- (Five thousand) each with two sureties of

the like amount each to the satisfaction of Sub Divisional Judicial

Magistrate, Bikramganj, Rohtas at Sasaram in Bikramganj

P.S.case No.197 of 2009, subject to the conditions (i) That one of

the bailors will be a close relative of the petitioners who will give an
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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 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/