Radhe Shyam Singh @ Subham Singh vs The State Of Bihar on 23 March, 2011

Patna High Court – Orders
Radhe Shyam Singh @ Subham Singh vs The State Of Bihar on 23 March, 2011
                              Cr.Misc. No.8449 of 2011
              RADHE SHYAM SINGH @ SUBHAM SINGH, Son of
              Sri Ajay Kumar Singh, Resident of Village-Kerma, P.S.
              Ishwarpur, District-Chhapra, at present resident of
              Mohalla-Sahganj Benta, P.S.-Laheriasarai, District-
              THE STATE OF BIHAR
                                               ...............Opp. Party.

2/ 23.03.2011 Heard the parties.

The prayer for bail made on behalf of the

petitioner was earlier rejected by order dated

16.06.2010, passed in Cr. Misc. No. 20324 of

2010 vide Annexure 1 with an observation that the

petitioner may renew his prayer for bail on

completion of one year in judicial custody.

Learned counsel for the petitioner

submits that the petitioner is in judicial custody

since 23.12.2009 and has already remained in

judicial custody for more than one year.

In the aforesaid facts and

circumstances, the above named petitioner is

directed to be released of bail on furnishing bail

bond of Rs.10,000/-(ten thousand) with two

sureties of like amount each in connection with

Darbhanga Sadar P.S. Case No. 362 of 2009

dated 18.12.2009 corresponding to G.R. No. 3354

of 2009 giving rise to S.T. No. 310 of 2010 to the

satisfaction of learned 4th Additional District and

Session Judge, Darbhanga, subject to the

conditions: (a) that one of the bailors must be a

government servant or close family member or

relation of the petitioner, who will file an affidavit in

the court below showing his/her relationship with

the petitioner, (b) If the petitioner is found involved

in same and similar nature of cases in future, then

in that cases the informant/prosecution shall be at

liberty to file a petition for cancellation of the bail

of the petitioner, and if such a petition is filed, the

court below would be obliged to dispose of the

same in accordance with law after giving

opportunity of hearing to all concerned, (c) the

petitioner shall make regular pairvi in the court

below in the present case either by appearing

himself in person or through representation by his

lawyer on each and every date, and if on two

consecutive dates petitioner fails to make pairvi,

then the court below shall at liberty to cancel the

bail bond of the petitioner.

( Birendra Prasad Verma, J.)


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