IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34023 of 2011
Krishna Kumar Diwedi son of Sri Niranjan Diwedi
Versus
The State Of Bihar
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2. 17.10.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 399, 402 of the Indian Penal Code
and 25(1-B)A/26/35 of the Arms Act.
Considering that the petitioner is in custody since
4.6.2011 for recovery of arms and he has fair antecedents, 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 learned Chief Judicial
Magistrate, Sitamarhi in connection with Majorganj P.S. Case
No.74 of 2011, subject to the conditions (i) That one of the
bailor shall be Balram Kumar @ Chhote, brother of the
petitioner and the other bailor will be a close relative of the
petitioner who will give an affidavit giving genealogy as to how
he is related with the petitioner. 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
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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 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 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 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 is directed to appear before
the Head Priest of local Temple, Sitamarhi within fifteen days
of his release and file a certificate about the same in the
Court. On filing of the certificate the petitioner will be granted
provisional bail for a period of six months. In case, the
petitioner does not file a certificate about his reporting to the
Head Priest within two weeks of his release from jail custody,
he shall be noticed for cancellation of bail. During six months
the petitioner is expected to engage himself in fruitful activities
under the guidance of the Head Priest, local Temple,
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Sitamarhi and at the end of six months he will file a certificate
of his conduct in the court below issued by the Head Priest. If
the certificate granted to the petitioner is found satisfactory,
the court below will confirm the provisional bail granted to the
petitioner and in case it is not, the petitioner will be taken into
custody.
Narendra/ ( Anjana Prakash, J. )