IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22162 of 2010
BAMBAM SINGH @ BANRA SON OF SHRI DINANATH SINGH
Versus
STATE OF BIHAR
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2. 12.7.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 25(1-B)A/26/35 of the Arms Act.
It has been submitted that when a group of persons
were chased on suspicion, one Raj Kumar Singh @ Samrat was
arrested with arms and he disclosed that the petitioner was also
along with him and they had proposed to loot a bank. However,
there has been no recovery from the possession of the petitioner
and, therefore, the submission is that no offence under the Arms
Act would be made against him.
Considering the same, let the petitioner above named,
who is in custody since 8.3.2010, 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 Chief Judicial
Magistrate, Barh, Patna in Maranchi P.S.case No.65 of 2009,
subject to the conditions (i) That one of the bailors shall be the wife
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 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
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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 and (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.
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, 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, (ii) 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 made socially productive so that an effort is made to bring him
back in the main stream of the society/ he is given adequate
protection and (iii) at the end of six months, the petitioner will be
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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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Rural Superintendent
of Police, Patna 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 manner 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. )
Narendra/