The High Court of Patna granted bail to the petitioner in a case under Section 379 IPC, directing him to execute a bail bond with specific conditions regarding conduct and police surveillance.
Petitioner released on bail on furnishing a bond of Rs. 5,000 with two sureties and complying with reporting conditions to the Superintendent of Police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7825 of 2013
====================================================== Santosh Giri, son of Kishori Giri, resident of village- Yamuna Nagar, P.S.Aurangabad (Town), District- Aurangabad.
.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 10-04-2013 Heard learned counsel for the Petitioner and the
State.
The Petitioner seeks bail in a case instituted for the offence under Section(s) 379 Indian Penal Code.
Considering that the Petitioner has been implicated in
the present case only on account of his antecedents and now his father undertakes his responsibility, 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 or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S. Case No.488 of 2011, subject to the 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 another bailor shall be the father of the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the
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petitioner, (ii) That the bailors shall also state on affidavit that they 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, (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, and (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, Aurangabad, 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
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court concerned.
JA/- (Anjana Prakash, J)
2 issues framed by the court
Whether bail should be granted to the petitioner considering his antecedents.
What conditions should be imposed on the release on bail.
1 provisions across 1 enactments
Santosh Giri
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
