Baso Bind v. The State of Bihar

CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

28.02.2013 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code read with Rule 40, BMMC Rules, 1972, Rule 8, Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003, Section 3 Explosive Substance Act, Section 3(2)(d) Prevention of Damage to Public Property Act, 1984 and Section 15 Environment Act. Considering that the Petitioner is in custody since 27.12.2012 and the earlier case in which he was implicated he has got acquittal, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 298 of 2012 Patna High Court Cr.Misc. No.5932 of 2013 (2) dt.28-02-2013 2 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 and the other bailor shall be the brother-in-law of the Petitioner namely Manoj Kumar. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) 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. (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. (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. Vikash/- (Anjana Prakash, J.)