Patna High Court - Orders
Yogendra Mukhiya vs The State Of Bihar on 16 January, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.993 of 2013
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Yogendra Mukhiya, son of late Jhingur Mukhiya.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. P. Mishra, Adv.
Mr. Jyoyi Prabhakar, Adv.
For the State : Mr. M. Haque, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 16-01-2013Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 379, 504 and 387 Indian Penal Code.
Considering that there is no cogent explanation for the delayed Complaint, 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 to the satisfaction of Chief Judicial Magistrate, Saharsa, in connection with Nauhatta P.S. Case No. 93 of 2009 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 and the other shall be the wife/sister/brother of 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 Patna High Court Cr.Misc. No.993 of 2013 (2) dt.16-01-2013 2/2 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.
In view of the antecedents of the Petitioner, the Petitioner is directed to appear before the Superintendent of Police, Saharsa, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next twelve 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 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.) S.Ali