IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.28045 of 2011
Sunil Khirahri son of Late Nand Kishore Khirahri
Versus
The State Of Bihar
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2/ 29.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 307, 353, 121-A, 122, 124-A/34 of the Indian
Penal Code and sections 25(1-B)(A), 25(1)(1-A), 26 and 35 of the
Arms Act.
Considering that for recovery of a country made pistol
and three cartridges the petitioner has remained in custody since
16.11.2010 and the two cases in which he was earlier implicated was
of the year 2002 and 2003, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.5,000/- (five
thousand) each with two sureties of the like amount each or any
other surety to be fixed by the court below to the satisfaction of the
Additional Sessions Judge, 1 st, Munger, in connection with Sessions
Trial No.252 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 Birju Kumar, brother-in-law of the
petitioner. The bailors will undertake to furnish information to the
court about any change in the address of the 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
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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,
Munger, 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.
The Trial Court is directed to send a list of the witnesses
fixing specific dates for their examination along with a copy of this
order to the Superintendent of Police, Munger, who is directed to
ensure the attendance of the witnesses on the date fixed so that there
is no further delay in the trial.
JA/- (Anjana Prakash,J.)