IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26550 of 2011
Koko Das, S/o Late Brahamdeo Das.
Versus
The State Of Bihar
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03. 15.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offences under Sections 147, 148, 149, 302 and 504 of the
Indian Penal Code and Section 27 of the Arms Act.
Considering that the petitioner is not named in the
First Information Report and about a year later material
transpired against him which does not inspire confidence, 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 as fixed by the Court
to the satisfaction of Chief Judicial Magistrate, Munger in
connection with Bariyarpur P.S. Case No. 73 of 2009 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 bailor shall be the brother-in-law of the petitioner namely
Anju Kumar. The bailor will also undertake to inform the Court
if there is any change in the address of the petitioner. (ii) 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 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)
2
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. (iv) 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, Munger within fifteen days of his release with a copy of
this order and every two weeks thereafter 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.)
Vikash/-