IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 23047 of 2011
Ramdayal Rai @ Jhagaru Rai, S/o Janak Rai.
Versus
The State of Bihar
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04. 19.10.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 386/34 of the Indian Penal
Code and Section 27 of the Arms Act.
Considering that the petitioner’s name has
transpired in the confessional statement of the co-accused
and there is no direct material against him, 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 Additional Chief Judicial
Magistrate, Danapur, Patna in connection with Danapur
P.S. Case No. 69 of 2011 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 bailor shall be the father 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
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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. (iv)
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.
Learned counsel for the petitioner submits that
he has been implicated repeatedly 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 will
report to Mr. Kishore Kunal, Chairman, Bihar Religious
Trust Board, Bihar, Patna, within fifteen days of his
release on provisional bail for a period of six months and
file a certificate about the same in the court within the
stipulated time. In case, the petitioner fails to file
certificate, notice shall be sent to him for cancellation of
bail, (b) That once the petitioner reports to Mr. Kunal, Mr.
Kunal is requested to evolve a method by which without
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affecting the petitioner’s present vocation, if any, the
petitioner can be mode socially productive so that an
effort is made to bring him back in the main stream of the
society/ he is given adequate protection and (c) At the end
of the six months, the petitioner will be required to file a
certificate in the court below granted by Mr. Kishore
Kunal. If the certificate granted to the petitioner is found
satisfactory, the court below will confirm the provisional
bail granted to the petitioner or else will issue notice for
cancellation of bail.
(Anjana Prakash, J.)
Vikash/-