Patna High CourtCR. MISC./2485/2015bail granted

Sahid Khan v. The State Of Bihar

2015-01-22Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2485 of 2015 Arising Out of PS.Case No. -411 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ====================================================== Sahid Khan, Son of Razzak Khan, Resident of Village - Abgilla Pahartalli, P.S. - Mufassil Manpur, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv. For the Opposite Party/s : Mr. Jagdhar Pd., (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 22-01-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code. Considering that there was no recovery from the possession of the Petitioner who has fair antecedent, 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 Chief Judicial Magistrate, Gaya, in connection with Mufassil P.S. Case No. 411 of 2014, subject to the 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 and the other shall be the

Patna High Court Cr.Misc. No.2485 of 2015 (2) dt.22-01-2015 2/2 father-in-law of the Petitioner namely Md. Shahjhan. The bailor will also undertake to inform the Court if there is any change in the 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 the 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. (v) 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. (Anjana Prakash, J) S.