Rajesh Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48906 of 2014 Arising Out of PS.Case No. -73 Year- 2014 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Rajesh Patel, son of Shradhanand Patel, resident of inside Quila Nakhas Chowk, P.S. Hajipur, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. S. Eheteshmuddin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 03-03-2015 Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Section(s) 399, 402 Indian Penal Code. Considering that the Petitioner is in custody since 09.04.2014 and his brother, Kamlesh Patel, undertakes his responsibility, let the Petitioner, above named, be released on bail on furnishing bail bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No.73 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
Patna High Court Cr.Misc. No.48906 of 2014 (2) dt.03-03-2015 2/3 petitioner and another bailor shall be Kamlesh Patel, brother of the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (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 allegation, the petitioner is directed to appear before the Superintendent of Police, Begusarai, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in
Patna High Court Cr.Misc. No.48906 of 2014 (2) dt.03-03-2015 3/3 any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
(Anjana Prakash, J) JA/- U T