High Court Patna High Court - Orders

Dhanteras Kumar vs The State Of Bihar on 17 March, 2011

Patna High Court – Orders
Dhanteras Kumar vs The State Of Bihar on 17 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.6195 of 2011
                       DHANTERAS KUMAR, SON OF DUKHAN BIND
                                           Versus
                                THE STATE OF BIHAR
                                         -----------

2. 17.03.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Sections 386/34 of the Indian Penal Code.

It has been submitted that the petitioner is in custody

since 16.9.2010 and he has fair antecedent as also that there is

no specific overt act alleged against him.

In view of the nature of offence, 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 Railway Judicial Magistrate, Patna, in Patna

G.R.P. P.S. Case No. 396 of 2010 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 Pallu Kumar.

The bailor will undertake to furnish information to the court about

any change in address of the petitioner. (ii)That the affidavit shall

clearly state that the petitioner is not an accused in any other

case and if he is, he shall not be released on bail. (iii)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
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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. (iv)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. (v) 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.

Learned counsel for the petitioner submits that the

petitioner 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 will report to Mr. Kishore Kunal,

Chairman, Bihar Religious Trust Board, Bihar, Patna, within

fifteen days of his release and file a certificate about the same in

the court, upon which the court below will grant provisional bail

for a period of six months. In case, the petitioner fails to file

certificate, a notice shall be sent to him for cancellation of bail,

(ii) that once the petitioner reports to Mr. Kunal, Mr. Kunal is

requested to evolve a method by which without affecting the

petitioner’s present vocation, if any, the petitioner can be made

socially productive so that an effort is made to bring him back in

the main stream of the society, he is given adequate protection
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and (iii) at the end of the six months, the petitioner will be

required to file a certificate in the court below granted by Mr.

Kishore Kunal. If the certificate granted to the petitioner is found

satisfactory, the court below will confirm the provisional bail

granted to the petitioner or else will issue notice for cancellation

of bail.

(Anjana Prakash, J.)
S.Ali