IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37723 of 2010
SURENDRA PASWAN, son of Late Upendra Paswan
Versus
STATE OF BIHAR
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2/- 29.10.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under sections 363, 366 (A)/34 of the Indian Penal
Code.
Considering the only allegation alleged against the
petitioner is that he had helped the co-accused, namely,
Dharmendra Paswan in kidnapping the victim girl, let the
petitioner above named, who is in custody since
18.05.2010, 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 Chief Judicial Magistrate,
Khagaria in Khagaria (Gangaur) P.S. Case No. 145 of 2010
( G.R. No. 615 of 2010), subject to the conditions, (i) 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. The bailor will undertake to
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furnish information to the Court about any change in
address of the petitioner. (ii) That the affidavit shall clearly
state that the petitioner is not an accused in any other case
and if he is he shall not be released on bail, (iii) 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,
(iv) 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, and (v) 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.
( Anjana Prakash, J. )
Ashwini/-