IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.27958 of 2011
Shivan Sao @ Shivan Kumar son of Sri Teni Sao
Versus
The State Of Bihar
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2/ 25.08.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 3, 4, 5 of the Explosives Substance Act and
section 17 of the Criminal Law Amendment Act.
It has been submitted that the petitioner is not named in
the First Information Report. Later on, some witnesses appeared and
stated that they had seen the petitioner fleeing away from the place
of occurrence after the bomb explosion but without any explanation
as to why they did not mention this fact before the institution of the
First Information Report. The specific assertion is that after the
present case was instituted it is recently that the petitioner was
remanded in one other case and before that he had fair antecedents.
Considering the same, let the petitioner, above named,
be released on provisional 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 below to the satisfaction of the
Sub-Divisional Judicial Magistrate, Sherghatti, Gaya, in connection
with Barachatti P.S. Case No.54 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 Arvind Kumar, uncle
of the petitioner. The bailors will undertake to furnish information to
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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
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.
Learned counsel for the petitioner submits that he has
been implicated repeatedly at the instance of the local police, who
is hostile to the petitioner, and seeks protection of a person well
reputed doing social service in the area. Under the circumstances,
the petitioner is directed to appear before the Head Priest of local
Temple situated at Barachatti, within fifteen days of his release
from jail custody on provisional bail for a period of six months and
file a certificate about the same in the court within the stipulated
time. In case, the petitioner fails to file certificate about reporting to
the Head Priest within two weeks of his release from jail custody,
notice shall be sent to him for cancellation of bail. During the
period of six months, the petitioner is expected to engage himself in
fruitful activities under the guidance of the Head Priest, local
Mandir, Barachatti, and at the end of the six months, the petitioner
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will be required to file a certificate of his conduct in the court
below granted by the Head Priest. If the certificate granted to the
petitioner is found satisfactory, the court below will confirm the
provisional bail granted to the petitioner or else will issue notice for
cancellation of bail.
The fact that the petitioner is accused in only one other
case shall be verified by the Magistrate before releasing him on bail.
JA/- (Anjana Prakash,J.)