IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.34779 OF 2011
GUDDU SAO, S/O ARJUN SAO, R/O VILLAGE
KETAKI MATH, POLICE STATION-DEO, DISTRICT
AURANGABAD (BIHAR).
.....................PETITIONER.
VERSUS
THE STATE OF BIHAR.
...........................OPPOSITE PARTY.
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02/ 24.10.2011 Heard counsel for the petitioner
and counsel for the State.
The petitioner apprehends his
arrest for the offences punishable under
Section 144, 427 and 149 of the Indian
Penal Code and under Section 17 of the
C.L.A Act as also under Section 3 of the
Explosive Substance Act in addition to
Section 3 of the Damage of Public
Properties Act.
Counsel for the petitioner would
submit that not only the petitioner is an
unnamed accused along with 30 named and 125
to 130 unknown extremists but that as co
accused Om Prakash Ram @ Prakash Rabidas
with similar allegation had been granted
bail by order dated 08.04.2011 passed in
Criminal Miscellaneous No. 5707 of 2011. In
this regard he would also draw attention of
this Court on paragraph no. 10 of the bail
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application asserting that the petitioner
has got no criminal antecedent.
Considering the aforementioned fact
that the co-accused Om Prakash Ram whose
case stands on same footing had been
granted anticipatory bail, this Court would
also direct the petitioner namely Guddu Sao
to surrender within a period of four weeks
from today and if he does so, he would be
released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate,
Aurangabad in connection with Deo Police
case No. 120 of 2009 subject to the
conditions laid down under Section- 438 (2)
Cr. P.C and also subject to the following
three conditions:-
(i) The two bail bonds will be furnished, one by the Government servant
and the other by a close family relative.
(ii) The petitioner will remain
present in course of trial on each and
every day and his absence even for a single
day would automatically entail the
consequences of cancellation of his bail.
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(iii) The petitioner, in case, is
now made accused in any other criminal
case,that would itself lead to cancellation
of his bail.
Ranjan (Mihir Kumar Jha, J.)