High Court Patna High Court - Orders

Dablu Sah vs State Of Bihar on 6 August, 2010

Patna High Court – Orders
Dablu Sah vs State Of Bihar on 6 August, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.26423 of 2010
                           DABLU SAH, SON OF SRI TUNNI SAH
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 06.08.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 307, 324, 341, 348 of the Indian Penal

Code and Sections ¾ of the Explosive Substance Act.

The petitioner was refused bail earlier by an order

dated 3.2.2010 vide Cr. Misc. 2544 of 2010 but he has renewed

his prayer for bail on the ground that eight witnesses have been

examined and none of them have supported the case of

prosecution since the Informant has filed a petition on 5.4.2010

compromising the matter with the accused persons.

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 to the satisfaction of Chief Judicial Magistrate, Bhagalpur,

in Mojahidpur P.S. Case No. 192 of 2008 subject to the

following conditions: (i)That one of the bailors will be a close

relative of the petitioner who will give an affidavit giving

genealogy as to how he is related with the petitioner and the

other shall be the brother of the petitioner. 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
2

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 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, Bhagalpur, within fifteen days of his release with a copy

of this order and thereafter every two weeks 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.

( Anjana Prakash, J.)
S.Ali