IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22658 of 2011
Chunnu Kumar Singh son of Sidhnath Singh
Versus
The State Of Bihar
-----------
2. 27.7.2011 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case instituted
for the offence under Section 392 of the Indian Penal
Code.
It has been submitted that the petitioner is
not named in the First Information Report and
subsequently when he was arrested in another case
and brought to the Police Station the informant
appeared there and identified the petitioner as one of
the miscreants. The further submission is that this kind
of identification has no meaning since it is not in
accordance with law.
Considering the same as also that no looted
article has been recovered from his possession and
now the petitioner’s mother is ready to stand surety for
him, 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 learned Chief Judicial Magistrate, Buxar
in connection with Dumraon (Naya Bhojpur O.P.) P.S.
-2-
Case No.209 of 2010, subject to the conditions (i) That
one of the bailor shall be the mother of the petitioner
and the other bailor shall be local since the petitioner
belongs to District Bhojpur. The bailor will undertake to
furnish information to the Court about any change in
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 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, (iv) That the petitioner will be well represented
on each date if he fails to do so on two consecutive
dates, his bail will be liable to be cancelled.
In view of the nature of allegations against
the petitioner, the petitioner is directed to appear before
the Superintendent of Police, Buxar 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
-3-
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.
Narendra/ ( Anjana Prakash, J. )