IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1256 of 2010
SURYA SARDAR @ SURYA NARAIN SARDAR S/O KARI SARDAR
Versus
STATE OF BIHAR
-----------
4. 28.6.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 395 of the Indian Penal Code.
It has been submitted that the petitioner is not named
in the First Information Report nor any incriminating articles
has been recovered from his possession pursuant to the
confessional statement of the co-accused. It has further been
submitted that the petitioner has been made accused on account
of criminal antecedents, but he had left the world of crime and
in fact, he surrendered to the general administration, which fact
is apparent from the paragraph 99 of the case diary.
In view of such let the petitioner, above named, who
is in custody since 9-9-2009, 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 learned C.J.M,
Supaul, in connection with Jadia P.S. case no. 64/09 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 other bailor shall be
the father/ wife of the petitioner. The bailor will undertake to
2
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.
Fahad. ( Anjana Prakash, J.)