IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.36767 of 2010
BALWANT KUMAR SINGH son of Jamuna Singh
Versus
STATE OF BIHAR
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4/ 26.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks anticipatory bail in a case instituted
for the offence under section 302/34 of the Indian Penal Code and
section 27 of the Arms Act.
It has been submitted that the petitioner is neither
named in the dying declaration of the deceased nor in the fard
beyanh given by his brother. Subsequently, in paragraph 7, the
father of the deceased was examined, who stated that when he
asked, his son disclosed the name of the petitioner as one of the
person who fired shot, but this fact is unbelievable since the
deceased himself did not support this fact. Further submission is that
the eye witnesses examined in paragraph 7 and 8 have merely stated
about presence of the petitioner at the place of occurrence and that
he ran away screaming that mobile had burst. Further submission is
that on this material, the petitioner was granted anticipatory bail by
the court till the submission of the charge sheet and there is no
further material after the said order was passed which would warrant
putting the petitioner in jail on the same very ground.
Learned counsel for the informant has brought to the
notice of the court paragraph 17 and 39 which are the supervision
notes by which the supervision officer had concluded that the
petitioner was involved in the present occurrence.
In view of such, in the event of surrender of the
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petitioner, Balwant Kumar Singh, within three weeks from today in
connection with Madanpur P.S. Case No.186 of 2009, he shall be
released on anticipatory bail on furnishing bail bond of Rs.5,000/-
(five thousand) with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to
conditions as laid down under section 438 (2) Cr. P.C., and (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. The bailors will undertake to furnish information to the
court about any change in the address of the petitioner, (ii)That the
petitioner shall undertake to be represented on the first date after
cognizance and in case he fails to do so, his bail bond will be liable
to be cancelled (iii) That the bailors shall also state on affidavit that
they 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 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 and (v) 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.
JA/- (Anjana Prakash,J.)