Allowed

Md. Irshad and Anr. v. The State Of Bihar

Patna HC25 Apr 2013CR. MISC./11384/2013

Case brief

AI extract

What is this about?

The Patna High Court released Petitioners on bail in a Section 414 IPC case pending before a Chief Judicial Magistrate. The order imposed strict conditions, including close relative sureties, periodic reporting to the Superintendent of Police, and undertakings against absconding or implicating in other cases.

What did the court decide?

Released on bail by furnishing bonds of Rs. 5,000/- each with two sureties, subject to conditions of periodic reporting to Superintendent of Police and undertaking against absconding.

Md. Irshad and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 11384 of 2013
======================================================
1. Md. Irshad, Son of Abdul Shakur.
2. Akbar Ali, Son of late Abdul Rahman.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 25.04.2013 Heard learned counsel for the Petitioners and the
State.

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The Petitioners seek bail in a case instituted for the offences under Section 414 of the Indian Penal Code.

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Considering that the Petitioners are in custody since 17.11.2012 having fair antecedents and their father/wife/brother undertake their responsibility, let them be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 453 of 2012 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners and the other bailor shall be the father/wife/brother of the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the affidavit shall clearly state that the Petitioners are not an accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court

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Patna High Court Cr.Misc. No.11384 of 2013 (2) dt.25-04-2013

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concerned if the Petitioners are implicated in any other case of similar nature after their 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 Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Purnea 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 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.

¶8

(Anjana Prakash, J.)

¶9

Vikash/-

Md. Irshad and Anr. v. The State Of Bihar

Case brief

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Md. Irshad and Anr. v. The State Of Bihar

Case brief

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