IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18845 of 2010
PREM PRAKASH GUPTA, S/o Laxaman Prasad.
Versus
THE STATE OF BIHAR
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04. 29.07.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 302 and 120B of the
Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that the petitioner is
named in the First Information Report as a witness
who had seen the co-accused Thela Pasi firing at the
deceased Chandrashekar. Thereafter the petitioner
was implicated in the present case speculating that
he had a conspired with the co-accused Thela Pasi
since he also has criminal antecedent.
Considering that there is no eye-witness to
the occurrence and there is only suspicion against
the petitioner, 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 Additional
Sessions Judge, F.T.C.-IV, Saran at Chapra in
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connection with S.Tr. No. 84 of 2010 arising out of
Bhagwan Bazar P.S. Case No. 290 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 bailor shall be the
brother of the petitioner. The bailor will also
undertake to inform the Court if there is any change
in the 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 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. (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.
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In view of the antecedents of the petitioner,
the petitioner is directed to appear before the Supdt.
of Police, Saran at Chapra within fifteen days of his
release with a copy of this order and thereafter every
two weeks for the next nine months. The conduct of
the petitioner will be kept under watch in this period
by the S.P. 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.
(Anjana Prakash, J.)
Vikash/-