IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28134 of 2010
AMIT KUMAR SINGH @ AMIT SINGH son of late
Ranvijay Singh, R/o village Bhotia, P.S. Simri Bakhtiarpur,
Dist. Saharsa .....petitioner.
Versus
STATE OF BIHAR O.P.
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3 06.10.2010 Learned counsel for the petitioner is permitted
to make necessary correction in the prayer portion of the
bail application.
Heard the parties.
In a criminal prosecution registered under
sections 384. 307/34 of the Indian Penal Code as also
under section 27 of the Arms Act, 5 persons including
petitioner have been arrayed as accused. According to
the FIR accused persons had gone at the place of
occurrence and were demanding rangdari (extortion).
The petitioner is alleged to have fired but that hit one of
the co-accused Kaushal Yadav. It is submitted that
admittedly none of the members of the prosecution party
have sustained any injury at the hands of the accused
persons. Co-accused Kaushal Yadav and three others
were put on trial and they have been acquitted by the
learned trial court. The petitioner is stated to be in
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judicial custody since 15.5.2010. It is further submitted
that no other criminal case except the present one is
pending against the petitioner.
In the aforesaid facts and circumstances, the
above named petitioner is directed to be enlarged on bail
on furnishing bail bond of Rs. 10,000/- (ten thousand)
with two sureties of like amount each to the satisfaction
of F.T.C-III, Saharsa in S.Tr. No. 161 of 2010,arising
out of Bakhtiyarpur P.S. Case No. 349 of 2009 subject
to the conditions : (a) That one of the bailors must be
Govt. servant.
(b) The other bailor must be close family
member of the petitioner who will file an affidavit in the
court below showing his/her relationship with the
petitioner.
(c) If the petitioner is found involved in same
and similar nature of cases in future, then in that case the
informant/prosecution shall be at liberty to file a petition
for cancellation of the bail of the petitioner, and if such a
petition is filed, the court below would be obliged to
dispose of the same in accordance with law after giving
opportunity of hearing to all concerned.
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(d) The petitioner shall make regular pairvi in
the court below in the present case either by appearing
himself in person or through representation by his lawyer
on each and every dates, and if on two consecutive dates
petitioner fails to make pairvi, then the court below
shall be at liberty to cancel the bail bond of the
petitioner.
( Birendra Prasad Verma, J)
Rahman