IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12385 of 2011
Ramagya Jha, son of Brahamdeo Jha
Versus
The State Of Bihar
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3. 03.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 307 353, 379 of the Indian Penal
Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.
The petitioner was refused bail by an order dated
23.8.2010 passed in Cr. Misc. 28121 of 2010 since the
petitioner had been arrested with Arms while fleeing away firing
at the police force.
The prayer for bail has been renewed on the
ground that the petitioner is in custody since 26.11.2009 and
there is no sufficient progress in trial.
A report was called for from the Trial Court from
which it appears that the charges were framed against the
petitioner on 31.8.2010 and the informant was examined on
8.3.2011 whereafter, no witness is turning up.
In view of such, 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 Sessions Judge, F.T.C.-II, Begusarai, in connection
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with Sessions Trial No. 432 of 2010 arising out of Bachhwara
P.S. Case No. 144 of 2009 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. The bailor will undertake to
furnish information to the court about any change in the 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 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 nature of allegation against the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Begusarai, 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, Begusarai, and if it is found wanting
in any manner, 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 report to the Superintendent of
Police, Begusarai, a certificate will be filed by the petitioner
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before the court concerned.
The Trial Court is directed to send a list of charge
sheeted witnesses fixing specific dates along with a copy of
this order to the Superintendent of Police, Begusarai, and the
Superintendent of Police, Begusarai, shall ensure attendance
of the witnesses on the date so fixed by the Trial Court, so that
there is no further delay in the trial.
( Anjana Prakash, J.)
S.Ali