IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11387 of 2010
DHARMENDRA SINGH @ PAHALWAN . son of Shri Sidheshwar
Singh, r/o village Khaira, P.S. Dhirara , Dist. Aurangabad, ..petitioner
Versus
STATE OF BIHAR . O.P.
with
Cr.Misc. No.11403 of 2010
MD. ISRAIL . son of Samsuddin Ansari, R/o village Barwan, P.S.
Navinagar, Dist. Aurangabad
....Petitioner.
Versus
STATE OF BIHAR . O.P.
-----------
5 05.08.2010 Heard the parties.
The petitioners in both the cases referred to above are facing
criminal prosecution with respect to offences registered under sections 144,
427 of the Indian Penal Code as also under section ¾ of the Explosive
Substance Act, section 3 of the Damage of Public Property Act and section
17 of the C.L.A. Act.
It is submitted that the petitioners are not named in the FIR and
no incriminating articles have been recovered either from their house or from
their possession to show their complicity in the crime in question. It is
further submitted that since petitioners were accused in some other criminal
cases, therefore, they have been remanded in the present case also on the
requisition made by the police and subsequently they are alleged to have
confessed their guilt before the police which, according to the learned
counsel for the petitioners, has no evidentiary value. It is further highlighted
that save and except alleged confession of the petitioners before the police,
there is no other material to connect them with the crime in question.
Petitioner Dharmendra Singh @ Pahalwan is stated to be in judicial custody
since 6.11.2009 and petitioner Md. Israil is stated to be in judicial custody
since 30.10.2009. By referring to Annexure-2, it is further highlighted that
-2-
co-accused Babu Ram Pal with almost similar and identical allegation with
that of the petitioners has been granted bail by a Bench of this Court by
order dated 11.5.2010 passed in Cr. Misc. No. 14741 of 2010.
In the aforesaid circumstances, the above named petitioners in
both the cases referred to above shall be enlarged on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount
each to the satisfaction of Fast Track Court No. II, Aurangabad in
connection with Session Trial No. 49 of 2010 arising out of Deo P.S. Case
no. 47 of 2009, subject to the conditions:
(a) That both the bailors of both the petitioners must be
family members, who will file a separate affidavit showing their relationship
with the petitioners.
(b) If the petitioners are found involved in same and similar
nature of cases in future, then in that case the informant/prosecution shall be
at liberty to file a petition for cancellation of the bail of the petitioners, and if
such a petition is filed, the court below would be obliged to dispose of the
same in accordance with law after giving opportunity of hearing to all
concerned.
(c) The petitioners shall make regular pairvi in the court below
in the present case either by appearing themselves or through
representation by their lawyer on each and every date, and if on two
consecutive dates petitioners fail to make pairvi , then the court below shall
be at liberty to cancel the bail bonds of the petitioners.
M.Rahman ( Birendra Prasad Verma, J. )