IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4969 of 2011
Raja Ram Paswan, son of Paras Paswan, village Bhariya, P.S. Harnaut
(Telmar), district Nalanda. .........Petitioner.
Versus
The State of Bihar. Opposite Party.
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4. 07.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offences under Sections 452, 302/34 of the Indian Penal Code
and 27 of Arms Act.
The petitioner was refused bail by an order dated
04.02.2010 since he was one of the seven persons who is said to
have committed the murder of four persons. The petitioner has
renewed his prayer for bail on the ground that he is in custody
since 01.12.2008. Even though summons was issued on
26.02.2010 not a single witness has been examined up till now.
A report was called for from the Trial Court about the present
stage of trial and it has reported that despite issue of warrants
not a single witness has been examined by a prosecution case.
Considering that the prosecution is not cooperating in
the matter, 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 Addl. Sessions Judge, F.T.C. V,
Nalanda in connection with Harnaut (Telmar) P.S. Case No.
22/2006 subject to the following conditions:- (i) That one of the
bailors will be a close relative of the petitioner who will give an
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affidavit giving genealogy as to how he is related with the
petitioner and the other bailor shall be the uncle of the
petitioner. 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) 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, Nalanda within fifteen days of his release with a copy of
this order and every two weeks thereafter for the next one year.
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.
Kamlesh (Anjana Prakash, J.)