High Court Patna High Court - Orders

Gera Paswan vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Gera Paswan vs The State Of Bihar on 21 September, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr. Misc. No.31263 of 2011
           Gera Paswan son of Sri Kailash Paswan resident of Mohalla- Kamla Nehru Nagar,
           P.S.-Kotwali, District-Patna                                     ...Petitioner
                                         Versus
            The State Of Bihar                                                   ...OP
                                        -----------

2/ 21.09.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 399, 402, 413 of the Indian Penal Code.

Considering that the petitioner was not arrested at the

spot and nothing was recovered from his possession as also

petitioner’s cousin Birendra Paswan undertakes his responsibility,

let the petitioner, above named, be released on provisional 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

below to the satisfaction of the Railway Judicial Magistrate, Patna,

in connection with Patna GRPS Case No.194 of 2011 subject to the

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 another bailor shall be Birendra

Paswan, cousin of the petitioner. The bailors will undertake to

furnish information to the court about any change in the 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 bailors shall also state on

affidavit that they 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
2

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, and (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 he has

been implicated 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 on provisional

bail for a period of six months and file a certificate about the same

in the court within the stipulated time. In case, the petitioner fails to

file certificate, 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, he is given adequate protection

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.

JA/-                                             (Anjana Prakash,J.)