High Court Patna High Court - Orders

Bibhishan Thakur @ Binod vs The State Of Bihar on 13 September, 2010

Patna High Court – Orders
Bibhishan Thakur @ Binod vs The State Of Bihar on 13 September, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.21173 of 2010
                  BIBHISHAN THAKUR @ BINOD SON OF SUSHIL THAKUR
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

3. 13.9.2010 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 and

25(1-b)a/26/35 of the Arms Act.

It has been submitted that for recovery of a country

made loaded pistol with one live cartridge the petitioner has

remained in custody since 9.2.2009 and now the father of the

petitioner is ready to stand surety for him.

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 6th

Additional Sessions Judge, Rohtas at Sasaram in S.T.No.302 of

2009 arising out of Sasaram (Darigaon) P.S.case No.81 of 2009,

subject to the conditions (i) That one of the bailors shall be the

father 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, (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
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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.

The petitioner will report to the Superintendent of

Police, Sasaram at Rohtas with a copy of the present order within

15 days of his release from jail custody. He shall attend the office

of the Superintendent of Police, Sasaram at Rohtas every two

weeks and his conduct will be kept under watch for the next nine

months and if it is found wanting in any manner a report will be

made by the Superintendent of Police to the court concerned.

Thereafter if the court receives any adverse report, it will proceed in

the manner prescribed for cancellation of bail.

( Anjana Prakash, J. )

Narendra/