LAXMAN MAHTO v. STATE OF BIHAR

Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364 and 120B of the Indian Penal Code. Taking into consideration the fact that two months after the alleged occurrence, the present complaint was filed, which was sent to the Police Station under Section 156(3) Cr.P.C. for institution of the first information report with the allegation that the petitioner along with others have been seen in the company of the alleged kidnapped/murdered person, the petitioner above named, who is in custody since 13.6.2009 and has no criminal antecedents, 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, Patna City, Patna in connection with Agamkuan P.S.case No.119 of 2009, 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, (ii) that the 2 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 and (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 then his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )