IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13833 of 2010
PANKAJ RAM @ PRATAP RAM, SON OF NARAYAN RAM, RESIDENT OF VILLAGE
KHAIRA, POLICE STATION KAJRA, DISTRICT-LAKHISARAI.
.....Petitioner.
Versus
THE STATE OF BIHAR .....Opposite Party.
For the Petitioner : Mr. Kanhaiya Pd. Singh, Senior Advocate.
For the State : APP.
-----------
06/ 03.11.2010 Heard learned Counsel for the
petitioner and learned Counsel for the State.
Earlier prayer for bail of this
petitioner was rejected on 20th of August,
2009 in Cr. Misc. No. 22111 of 2009.
The case relates to murder of S.P.
Munger and three constables by suspected
extremists.
Submission is that the petitioner’s
name has come during investigation only on
the basis of suspicion and except his
confessional statement before police there is
no material against the petitioner. There is
no independent corroboration from any
independent regarding petitioner’s complicity
in the offence. Other persons under similar
circumstances have been admitted to bail.
Reliance has been placed on order dated
12.04.2010 in Cr. Misc. No.10595 of 2010,
09.07.2010 in Cr. Misc. No. 22990 of 2010 and
27.07.2010 in Cr. Misc. No. 25277 of 2010
2
whereby Sunil Kumar @ Sunil @ Barka Sunil @
Lambu, Raj Kumar Das and Bachandeo Yadav have
been admitted to bail respectively.
Learned Counsel for the State has
submitted that the case of the petitioner is
similar to the case of others who have been
granted bail.
A report has been called for and from
the report it appears that the petitioner is
not being produced so charges has also not
been framed as yet. The petitioner is in
custody since 19.01.2009.
Considering the facts and circumstances
of the case, let the above named petitioner
be released on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of the learned 1st Additional
Sessions Judge/court concerned, Munger in
connection with Sessions Trial No. 584 of
2009 arising out of Haweli Kharagpur P.S.
Case No. 4 of 2005 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
3genealogy as to how he is related with
the petitioner and the other bailor
shall be the brother of the petitioner.
The Magistrate concerned shall verify
the documents of the petitioner and the
bailors properly so that there is no
confusion about their identity later.
The bailor will also undertake to
inform the Court if there is any change
in the address of the petitioner.
(ii) That the affidavit shall
clearly state that the petitioner is
not 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
4
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.
(Shyam kishore Sharma, J.)
kksinha/-