IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34075 of 2011
1. Bodhu Singh @ Pramod S/O Late Ashok Singh R/O
Village - Brahgawan, Police Station - Islampur, District -
Nalanda.
2. Rabindra Singh S/O Late Ashok Singh R/O Village -
Brahgawan, Police Station - Islampur, District - Nalanda.
3. Bihari Singh S/O Ram Briksh Singh R/O Village -
Brahgawan, Police Station - Islampur, District - Nalanda.
Versus
1. The State of Bihar
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02. 18.10.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offences under Sections 147, 148, 149, 435, 436 and 379 of the
Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that for misuse of privilege of
bail for a period of about four years the petitioners have
remained in custody since 20.08.2011, 19.09.2011 and
01.08.2011 respectively and undertake to be physically present
on each date.
Considering the same, let the petitioners, above
named be released on bail after framing of charge on
furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with
two sureties of the like amount each or any other surety as fixed
by the Court to the satisfaction of 2nd Additional Sessions Judge,
Hilsa, Nalanda in connection with S.Tr. No. 424 of 2000 arising
out of Islampur P.S. Case No. 53 of 1998 subject to the following
conditions:- (i) That one of the bailors will be a close relative of
the petitioners who will give an affidavit giving genealogy as to
how he is related with the petitioners and the other bailor shall
be the wife/brother of the petitioners. The bailor will
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also undertake to inform the Court if there is any change in the
address of the petitioners. (ii) That the bailor shall also state on
affidavit that he will inform the court concerned if the petitioners
are implicated in any other case of similar nature after their
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 petitioners will be physically
present on each date of trial and if they fail to do so on two
consecutive dates without reasonable cause, their bail shall
stand automatically cancelled.
The Trial Court is directed to expedite the trial and
conclude it positively within a period of six months in view of
nature of offence for which reasons he is directed to send a list
of witnesses fixing specific dates to the S.P. concerned along
with the copy of this order who will ensure the attendance of the
witnesses on the said dates so that there is no further delay in
trial.
(Anjana Prakash, J.)
Vikash/-