IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26423 of 2010
DABLU SAH, SON OF SRI TUNNI SAH
Versus
STATE OF BIHAR
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2. 06.08.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 307, 324, 341, 348 of the Indian Penal
Code and Sections ¾ of the Explosive Substance Act.
The petitioner was refused bail earlier by an order
dated 3.2.2010 vide Cr. Misc. 2544 of 2010 but he has renewed
his prayer for bail on the ground that eight witnesses have been
examined and none of them have supported the case of
prosecution since the Informant has filed a petition on 5.4.2010
compromising the matter with the accused persons.
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 to the satisfaction of Chief Judicial Magistrate, Bhagalpur,
in Mojahidpur P.S. Case No. 192 of 2008 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 shall be the brother of the petitioner. The bailor will
undertake to furnish information to the court about any change
in address of the petitioner. (ii)That the bailor shall also state on
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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 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, Bhagalpur, within fifteen days of his release with a copy
of this order and thereafter every two weeks for the next nine
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.
( Anjana Prakash, J.)
S.Ali