IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21376 of 2010
PAMPATI DAS @ BIHARI JI @ BIDHAYAK, SON OF SHYAM LAL DAS
Versus
STATE OF BIHAR
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2. 30.06.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 435, 427 of the Indian Penal
Code and Section 17 of C.L.A. Act.
It has been submitted that petitioner is not named in
the First Information Report and subsequently his name
transpired in the confessional statement of the co-accused that
he was one of the participants of the occurrence. It has
specifically been asserted that the petitioner is an accused in
only one other case which fact will be verified by the Magistrate
before releasing the petitioner on bail.
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 to the satisfaction of Chief Judicial Magistrate, Gaya, in
Guraru P.S. Case No. 52 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 and the other shall be the
son/brother of the petitioner. The bailor will undertake to furnish
information to the court about any change in address of the
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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 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.
The court concerned shall insist upon proper
identification of the petitioner and bailors in view of the nature of
the offence so that there is no confusion about the petitioner’s
identity at the later point in time.
( Anjana Prakash, J.)
S.Ali