IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30397 of 2010
DEEPAK DAS @ CHIRAG JI @ CHIRAJ S/O LAKHAN DAS
Versus
THE STATE OF BIHAR
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3. 24.09.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 302, 307, 323, 324,
427, 379/34 of the Indian Penal Code and 27 of the
Arms Act, 3/4 Explosive Substance Act and under
Section 17 of the C.L.A. Act.
It has been submitted that the petitioner is
not named in the First Information Report and
subsequently his name transpired during
investigation but without any specific overt act and
other co-accused persons when put on trial were
acquitted of charges.
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
Additional Session Judge Ist Munger in connection
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with Kharagpur P.S. Case No. 4/2005 (S.C. No.
584/09) subject to the conditions, (i) That one of the
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 and the other bailor shall
be the father 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 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 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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled, (v) In view of the
antecedents of the petitioner, the petitioner is
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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 one year. 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 magistrate shall scrutinize the
documents of the petitioner and bailor so that there
is no confusion about their identity on a later stage.
Fahad. ( Anjana Prakash, J. )