High Court Patna High Court - Orders

Sonu Jha @ Rakesh Jha &Amp; Anr vs State Of Bihar on 25 June, 2010

Patna High Court – Orders
Sonu Jha @ Rakesh Jha &Amp; Anr vs State Of Bihar on 25 June, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr. Misc. No.19636 of 2010
          1. SONU JHA @ RAKESH JHA son of Shambhu Jha alias Ramsagar Jha &
          2. Sohan Yadav son of Late Bhola Yadav
                                      Versus
                                STATE OF BIHAR
                                     -----------

3/ 25.06.2010 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the

offence under sections 395 and 397 of the Indian Penal Code.

It has been submitted that the petitioners are not named in

the First Information Report and when one of the looted mobile was

recovered from one Amit Kumar Singh, he disclosed that the same has

been sold him by the petitioner no.1 Sonu Jha. It has further been

submitted that the petitioners are accused in only one other case which

fact would be verified by the court below before releasing the

petitioners on bail.

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

in custody since 21.10.2009 and 13.10.2009 respectively, 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 the Railway

Judicial Magistrate, 1st class, Khagaria, in connection with Khagaria

Rail P.S. Case No. 49 of 2009, subject to the conditions (i) that one of

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

affidavit giving genealogy as to how he is related with the petitioners.

Another bailor of the petitioners shall be their father/mother. The

bailors will undertake to furnish information to the court about any

change in the address of the petitioners, (ii) that the bailor shall also

state on affidavit that he will inform the court concerned if the
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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,(iii) 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 delay

the trial in any manner, their bail will be liable to be cancelled for

reasons of misuse.

JA/-                                     (Anjana Prakash, J.)