IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21173 of 2010
BIBHISHAN THAKUR @ BINOD SON OF SUSHIL THAKUR
Versus
THE STATE OF BIHAR
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3. 13.9.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 399, 402 of the Indian Penal Code and
25(1-b)a/26/35 of the Arms Act.
It has been submitted that for recovery of a country
made loaded pistol with one live cartridge the petitioner has
remained in custody since 9.2.2009 and now the father of the
petitioner is ready to stand surety for him.
Considering the same, 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 concerned to the satisfaction of 6th
Additional Sessions Judge, Rohtas at Sasaram in S.T.No.302 of
2009 arising out of Sasaram (Darigaon) P.S.case No.81 of 2009,
subject to the conditions (i) That one of the bailors shall be the
father of the petitioner and the other bailor 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 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
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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.
The petitioner will report to the Superintendent of
Police, Sasaram at Rohtas with a copy of the present order within
15 days of his release from jail custody. He shall attend the office
of the Superintendent of Police, Sasaram at Rohtas every two
weeks and his conduct will be kept under watch for the next nine
months and if it is found wanting in any manner a report will be
made by the Superintendent of Police to the court concerned.
Thereafter if the court receives any adverse report, it will proceed in
the manner prescribed for cancellation of bail.
( Anjana Prakash, J. )
Narendra/