IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.31263 of 2011
Gera Paswan son of Sri Kailash Paswan resident of Mohalla- Kamla Nehru Nagar,
P.S.-Kotwali, District-Patna ...Petitioner
Versus
The State Of Bihar ...OP
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2/ 21.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 399, 402, 413 of the Indian Penal Code.
Considering that the petitioner was not arrested at the
spot and nothing was recovered from his possession as also
petitioner’s cousin Birendra Paswan undertakes his responsibility,
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 Railway Judicial Magistrate, Patna,
in connection with Patna GRPS Case No.194 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 Birendra
Paswan, cousin of the petitioner. The bailors will undertake to
furnish information to the court about any change in the address of
the petitioner, (ii) That the affidavit shall clearly state that the
petitioner is not an accused in any other case and, if he is, he shall
not be released on bail, (iii) 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
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misuse, (iv) 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 (v) 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 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
will report to Mr. Kishore Kunal, Chairman, Bihar Religious Trust
Board, Bihar, Patna, within fifteen days of his release 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, notice shall be sent to him for cancellation of bail,
(ii) That once the petitioner reports to Mr. Kunal, Mr. Kunal is
requested to evolve a method by which without affecting the
petitioner’s present vocation, if any, he is given adequate protection
and (iii) At the end of the six months, the petitioner will be required
to file a certificate in the court below granted by Mr. Kishore Kunal.
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.
JA/- (Anjana Prakash,J.)