IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 30842 of 2011
1. Chiranjivi Sagar S/O Bindeshwar Bhagat R/O Vill.
Hajpurba, P.S. Runni Shaidpur, Distt. Sitamarhi.
Versus
1. The State Of Bihar
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02. 19.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offences under Sections 25 (1-B) A, 26 and 27 of the Arms Act.
Considering that three cartridges were recovered from
the possession of the petitioner for which he is in custody since
10.06.2011 and now the petitioner’s brother, Amrendra Bhagat
undertakes his responsibility, 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 as fixed by the Court to the satisfaction of Chief
Judicial Magistrate, Muzaffarpur in connection with Ahiyapur
P.S. Case No. 176 of 2011 subject to the following conditions:-
(i) That one of the bailors shall be local since the petitioner
belongs to Sitamarhi and the other bailor shall be the brother
of the petitioner namely Amrendra Bhagat. The bailor will also
undertake to inform the Court if there is 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 give an
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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. (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 the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Muzaffarpur within fifteen days of his release with a
copy of this order and every two weeks thereafter for the next
nine months. The conduct of the petitioner will be kept under
watch in this period by the superintendent of Police concerned
and if it is found wanting in any respect, 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.
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 is directed to appear before the
Head Priest of Local Temple, Sitamarhi within fifteen days of
his release and file a certificate about the same in the Court.
On filing of the certificate the petitioner will be granted
provisional bail for a period of six months. In case, the
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petitioner does not file a certificate about his reporting to the
Head Priest within two weeks of his release from jail custody,
he shall be noticed cancellation of bail. During six months the
petitioner is expected to engage himself in fruitful activities
under the guidance of the Head Priest, Local Temple, Sitamarhi
and at the end of the six months, he will file a certificate of his
conduct in the court below issued by the Head Priest. If the
certificate granted to the petitioner is found satisfactory, the
court below will confirm the provisional bail granted to the
petitioner and in case it is not, the petitioner will be taken in
custody.
(Anjana Prakash, J.)
Vikash/-