IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19286 of 2011
Basant Paswan, son of Chanai Paswan
Versus
The State Of Bihar
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3. 20.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 399, 402 of the Indian Penal Code,
Sections 25(1-B), 26 and 35 of the Arms Act.
The petitioner was refused bail by an order dated
26.11.2010 since he was arrested with fire arms. A direction
was given to the Court below for concluding the trial within six
months.
The petitioner has renewed his prayer for bail on
the ground that he is in custody since 7.5.2010 and no witness
is turning up during trial.
A report was called for from the Trial Court which
reveals that the charges were framed on 25.5.2011 and no
prosecution witness has been examined till date.
Considering the period of custody, 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 Chief Judicial Magistrate, Araria, in
connection with Narpatganj P.S. Case No. 84 of 2010 subject to
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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 father of 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 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 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.
In view of nature of allegation against the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Araria, 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
Superintendent of Police, Araria, 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 report to the Superintendent of Police,
Araria, a certificate will be filed by the petitioner before the
court concerned.
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The Trial Court (Additional Sessions Judge, Fast
Track Court No. III, Araria,) is directed to send a list of the
witnesses fixing specific dates for production of the witnesses
along with a copy of this order in connection with Narpatganj
P.S. Case No. 84 of 2010, to the Superintendent of Police,
Araria, and the Superintendent of Police, Araria, is directed to
ensure production of the witnesses on the date so fixed by the
Trial Court so that there is no further delay in the trial.
( Anjana Prakash, J.)
S.Ali