High Court Patna High Court - Orders

Ramagya Jha vs The State Of Bihar on 3 August, 2011

Patna High Court – Orders
Ramagya Jha vs The State Of Bihar on 3 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.12385 of 2011
                             Ramagya Jha, son of Brahamdeo Jha
                                             Versus
                                     The State Of Bihar
                                           -----------

3. 03.08.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Sections 307 353, 379 of the Indian Penal

Code and Sections 25(1-B)A, 26, 27 and 35 of the Arms Act.

The petitioner was refused bail by an order dated

23.8.2010 passed in Cr. Misc. 28121 of 2010 since the

petitioner had been arrested with Arms while fleeing away firing

at the police force.

The prayer for bail has been renewed on the

ground that the petitioner is in custody since 26.11.2009 and

there is no sufficient progress in trial.

A report was called for from the Trial Court from

which it appears that the charges were framed against the

petitioner on 31.8.2010 and the informant was examined on

8.3.2011 whereafter, no witness is turning up.

In view of such, 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

Additional Sessions Judge, F.T.C.-II, Begusarai, in connection
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with Sessions Trial No. 432 of 2010 arising out of Bachhwara

P.S. Case No. 144 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. The bailor will undertake to

furnish information to the court about 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 nature of allegation against the

petitioner, the petitioner is directed to appear before the

Superintendent of Police, Begusarai, within fifteen days of his

release with a copy of this order and thereafter every two

weeks for the next nine months. The conduct of the petitioner

will be kept under watch in this period by the

Superintendent of Police, Begusarai, and if it is found wanting

in any manner, 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 report to the Superintendent of

Police, Begusarai, a certificate will be filed by the petitioner
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before the court concerned.

The Trial Court is directed to send a list of charge

sheeted witnesses fixing specific dates along with a copy of

this order to the Superintendent of Police, Begusarai, and the

Superintendent of Police, Begusarai, shall ensure attendance

of the witnesses on the date so fixed by the Trial Court, so that

there is no further delay in the trial.

( Anjana Prakash, J.)
S.Ali