IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25872 of 2011
Ajay Paswan S/o Shri Sudama Paswan
Versus
The State Of Bihar
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2. 8.8.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 309, 402 of the Indian Penal Code
and
Considering that the petitioner is in custody since
17.1.2011 for recovery of a country made loaded pistol and
five live cartridges and has fair antecedents, 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 S.D.J.M., Masaurhi,
Patna in connection with Masaurhi P.S. Case No.19 of 2011,
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 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 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 bailor shall also state on affidavit that he will inform
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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, (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, (v) 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.
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 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, (b) 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, the petitioner
can be mode socially productive so that an effort is made to
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bring him back in the main stream of the society/ he is given
adequate protection and (c) 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.
Narendra/ ( Anjana Prakash, J. )