High Court Patna High Court - Orders

Pampati Das @ Bihari Ji @ Bidhayak vs State Of Bihar on 30 June, 2010

Patna High Court – Orders
Pampati Das @ Bihari Ji @ Bidhayak vs State Of Bihar on 30 June, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.21376 of 2010
            PAMPATI DAS @ BIHARI JI @ BIDHAYAK, SON OF SHYAM LAL DAS
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2. 30.06.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 147, 148, 435, 427 of the Indian Penal

Code and Section 17 of C.L.A. Act.

It has been submitted that petitioner is not named in

the First Information Report and subsequently his name

transpired in the confessional statement of the co-accused that

he was one of the participants of the occurrence. It has

specifically been asserted that the petitioner is an accused in

only one other case which fact will be verified by the Magistrate

before releasing the petitioner on bail.

Considering the same, 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 to the satisfaction of Chief Judicial Magistrate, Gaya, in

Guraru P.S. Case No. 52 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 shall be the

son/brother of the petitioner. The bailor will undertake to furnish

information to the court about any change in address of the
2

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)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.

The court concerned shall insist upon proper

identification of the petitioner and bailors in view of the nature of

the offence so that there is no confusion about the petitioner’s

identity at the later point in time.

( Anjana Prakash, J.)
S.Ali