IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27504 of 2010
BIRENDRA KAUSIK @ MANISH JEE SON OF LAE JATTU YADAV
Versus
THE STATE OF BIHAR
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2. 16.8.2010 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, 341, 342, 323, 452, 427,
384, 120B of the Indian Penal Code and ¾ of the Explosive
Substance Act as well as 17 of the C.L.A. Act.
Considering that the petitioner’s name transpired in the
confessional statement of the co-accused and he is in custody
since 19.3.2010, let the petitioner above named be released on bail
on furnishing bail bond of Rs.5,000/- (Five thousand) with three
sureties of the like amount each to the satisfaction of Sub
Divisional Judicial Magistrate, Daudnagar, Aurangabad (Bihar) in
Goh P.s.case No.89 of 2007, subject to the conditions (i) That one
of the bailors shall be the wife/son of the petitioner and the second
bailor shall be local since the petitioner belongs to Gaya district
and the third 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. The
Magistrate concerned is directed to properly scrutinize the
documents of the petitioner with regard to his and the bailors’
identity since the petitioner has alias name, (ii) that the bailor shall
also state on affidavit that he will inform the court concerned if the
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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 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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Gaya within fifteen days of his release with a copy of this
order and thereafter every two weeks for the next one year. 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/