IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 30844 of 2011
1. Upendra Kumar S/O Kuldeep Singh R/O Mohalla
Teacher'S Colony Ramchandrapur, Bihar Sharif, P.S.
Laheri, Distt. Nalanda.
Versus
1. The State of Bihar
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02. 19.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 461 and 379 of the Indian
Penal Code.
Considering that there is only positive material
against the petitioner and there is only one other case
pending against him, 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 as fixed by the Court to the
satisfaction of Chief Judicial Magistrate, Nalanda at Bihar
Sharif in connection with Rajgir P.S. Case No. 114 of 2011
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 genealogy as to how he is related
with the petitioner. The bailor will also undertake to
inform the Court if there is 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
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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.
In the nature of allegations, the petitioner is
directed to appear before the Head Priest of Local Temple,
Nalanda within fifteen days of his release and file a
certificate about the same in the Court. On filing of the
certificate the petitioner will be granted provisional bail for
a period of six months. In case, the petitioner does not file
a certificate about his reporting to the Head Priest within
two weeks of his release from jail custody, he shall be
noticed cancellation of bail. During six months the
petitioner is expected to engage himself in fruitful
activities under the guidance of the Head Priest, Local
Temple, Nalanda and at the end of the six months, he will
file a certificate of his conduct in the court below issued
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by the Head Priest. If the certificate granted to the
petitioner is found satisfactory, the court below will
confirm the provisional bail granted to the petitioner and
in case it is not, the petitioner will be taken in custody.
(Anjana Prakash, J.)
Vikash/-