IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43303 of 2010
SRI NIWASH PRASAD @ SRINIWAS PRASAD SON OF SHRI RAJ
NARAYAN PRASAD
Versus
THE STATE OF BIHAR
-----------
2. 2.2.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Section 302/34 of the Indian Penal Code
and 27 of the Arms Act.
The petitioner was refused bail by an order dated
7.9.2010 vide Cr.Misc.No.20389 of 2010 stating therein that
it was being rejected at that stage but had given a liberty to
renew his prayer for bail after framing of charge. The
petitioner has renewed his prayer for bail since charges
have been framed even before the present order was
passed.
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 learned Additional Sessions Judge II,
Chapra in connection with Sessions Trial No.341 of 2010
arising out of Janta Bazar P.S. Case No. 21 of 2009, subject
to the conditions (i) That one of the bailor 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
2
as to how he is related with 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 be well represented on each date if he fails to
do so on two consecutive dates, his bail will be liable to be
cancelled.
In view of the nature of allegations, the petitioner is
directed to appear before the Superintendent of Police,
Siwan within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next six
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.
Narendra/ ( Anjana Prakash,J.)