High Court Patna High Court - Orders

Shri Bhagwan Mahto vs The State Of Bihar on 30 August, 2011

Patna High Court – Orders
Shri Bhagwan Mahto vs The State Of Bihar on 30 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.28254 of 2011
                        Shri Bhagwan Mahto, son of Bhuneshwar Mahto
                                              Versus
                                      The State Of Bihar
                                            -----------

2. 30.08.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Sections 323, 379, 504, 420, 467, 468 and

471 of the Indian Penal Code.

The petitioner was allowed bail by an order dated

18.3.2011 passed in Cr. Misc. 6188 of 2011, but on one of the

conditions that an affidavit would be filed on his behalf that he

is not an accused in any other case. Since the petitioner was

an accused in Complaint Case, such an affidavit could not be

filed and he remained in custody.

Considering that on merits, the petitioner was

found fit to be released on bail and he has explained his

antecedent, 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 Sub Divisional

Judicial Magistrate, Sikrahna at Motihari, in connection with

Chorasahan (Lakhaura) P.S. Case No. 160 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
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genealogy as to how he is related with the petitioner. The bailor

will undertake to furnish information to the court about 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.

The petitioner is directed to deposit a sum of Rs.

500/- (Five hundred) in the concerned District Legal Aid

Committee.

( Anjana Prakash, J.)
S.Ali