Patna High Court - Orders
Bachchu Mali @ Bachu Mali vs State Of Bihar on 4 February, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2660 of 2010
BACHCHU MALI @ BACHU MALI, S/o Nanhak Mali.
Versus
THE STATE OF BIHAR
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02. 04.02.2010Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 149, 380, 452 and 427 of the Indian Penal Code, Section 3/4 of the Explosive Substance Act and Section 17 of Criminal Law Amendment Act.
Taking into consideration the fact that the petitioner is not named in the First Information Report and his name transpired after seven years of the occurrence, let the petitioner above named who is in custody since 06.08.2009 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, Gaya in connection with Konch P.S. Case No. 72 of 2002 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. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated -2- 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.
In view of the fact that the petitioner has criminal antecedent, the petitioner is directed to appear before the Supdt. of Police, Gaya within fifteen days of his release from custody with a copy of this order and thereafter every two weeks for the next six months in which period the conduct of the petitioner will be watched by the S.P. In case the petitioner's conduct is found wanting in any manner a report will be made to the court concerned about the same who will initiate a proceeding for cancellation of bail for reasons of misuse of bail.
(Anjana Prakash, J.) Vikash/-