High Court Patna High Court - Orders

Ajay Paswan vs The State Of Bihar on 8 August, 2011

Patna High Court – Orders
Ajay Paswan vs The State Of Bihar on 8 August, 2011
                         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
                                              -----------

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. )