High Court Patna High Court - Orders

Ashok Rai vs The State Of Bihar on 15 March, 2011

Patna High Court – Orders
Ashok Rai vs The State Of Bihar on 15 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.44193 of 2010
                          ASHOK RAI, SON OF SRI BINDA RAI
                                        Versus
                                 THE STATE OF BIHAR
                                         -----------

2. 15.03.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 147, 148, 149, 353, 307, 171(F) of the

Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that for misuse of privilege of

bail for a period of about eight years the petitioner has

remained in custody since 19.9.2010 and undertakes to be

more careful in future.

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 or any other surety to be fixed by the court concerned to

the satisfaction of Fast Track Court-IV, Saran at Chapra, in

Sessions Trial No. 485 of 2003 arising out of Parsa P.S. Case

No. 16 of 2000, G.R. No. 480 of 2000 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

brother of the petitioner namely Ajay Rai. The bailor will

undertake to furnish information to the Court about any change

in address of the petitioner. (ii)That the affidavit shall clearly
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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 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. (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.

The trial court is directed to expedite the trial and

conclude it positively within a period of nine months since the

occurrence is of the year 2007.

( Anjana Prakash, J.)
S.Ali