IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32317 of 2010
SURAJ PASWAN S/O PRABHU PASWAN
Versus
STATE OF BIHAR
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2. 24.09.2010 Heard learned Counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 394 and 411 of the
Indian Penal Code.
It has been submitted that even though the
petitioner was refused bail earlier by an order dated
12.4.2010 vide Cr.Misc. No. 10396 of 2010 since he had
been identified in the Test Identification Parade but
subsequently another co-accused has been granted bail
by this court.
Considering the same as also the petitioner is
in custody since 31.7.2009 and now there is no other
case pending against the petitioner, 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 Judicial
Magistrate, Ist Class Begusarai in connection with Ballia
P.S. Case No. 128/2009, subject to the conditions, (i)
2
That one of the bailor will be a close relative of the
petitioner who 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 no other case pending
against the petitioner shall be verified by the Magistrate
before releasing the petitioner on bail.
Fahad. ( Anjana Prakash, J. )