Patna High Court - Orders
Jhunjhun Tiwary @ Binod Kumar Tiwary vs The State Of Bihar on 24 August, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27037 of 2011
Jhunjhun Tiwary @ Binod Kumar Tiwary son of late Ramakant Tiwary
Versus
The State Of Bihar
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2. 24.8.2011Supplementary affidavit filed on behalf of the petitioner today with regard to the antecedents of the petitioner be kept on the record.
Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence u/ss.379 and 411 of the Indian Penal Code.
The petitioner has been implicated in the present case since stolen construction materials were recovered from the Kewari shop of the petitioner. It appears that even though the case is of the year 2007 and the petitioner was named in the First Information Report, he surrendered only on 14.6.2011 and hence I am not inclined to grant bail to the petitioner at this stage.
The prayer for bail is rejected.
However, if the charge of the petitioner is not bifurcated with that of the co-accused, the Judicial Magistrate, 1st class, Jhanjharpur, Madhubani shall release the petitioner after framing of charge in connection with Phulparas P.S. case No.170 of 2007 on 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 -2- petitioner. The bailor will undertake to 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 be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )