Patna High Court - Orders
Sushil Das @ Sushila Das vs The State Of Bihar on 6 September, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28756 of 2011
Sushil Das @ Sushila Das, son of late Shri Sitaram Das
Versus
The State Of Bihar
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2. 06.09.2011Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Sections 406 and 379/34 of the Indian Penal Code.
It has been submitted that the petitioner is an Auto Driver whose services had been hired by the co-accused to ferry the clutch plates but the petitioner did not that the articles were stolen and nothing was recovered from his possession.
Considering the aforesaid as also that the petitioner is in custody since 16.8.2010, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Judicial Magistrate, Muzaffarpur, in connection with Motihari Sadar P.S. Case No. 182 of 2010, Tr. No. 3927 of 2011 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, the second bailor shall be the wife of the 2 petitioner and third bailor must be local since the petitioner belongs to Patna . The bailor will undertake to furnish information to the court about 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.Ali