IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13386 of 2010
RAMPATI RAM @ RAM SAKHI RAM SON OF LATE KESHARI RAM
Versus
STATE OF BIHAR
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3. 24.6.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 323, 341, 324, 326, 380,
427, 307, 302 of the Indian Penal Code and 27 of the Arms Act as
well as 17 of the C.L.A. Act and 3/4/5 of the Explosive substance
Act.
It has been submitted that the petitioner is one of the
63 persons named in the first information report of having
committed some excesses, due to which five persons lost their
lives. It has further been submitted that there is no specific overt-
act against the petitioner and even though he is in custody since
12.1.2005 he has been remanded in this case only on 24.3.2009. It
has also been submitted that the petitioner’s wife is ready to take
responsibility of the petitioner.
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 to the
satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in
Chainpur P.S.case No.84 of 1998, subject to the conditions (i) That
one of the bailors shall be the wife of the petitioner and the other
bailor will be a close relative of the petitioner who will give an
affidavit giving genealogy as to how he is related with the
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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 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 and (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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Kaimur at Bhabhua within fifteen days of his release with a
copy of this order and thereafter every two weeks for the next one
year. The conduct of the petitioner will be kept under watch in this
period by the S.P. concerned 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 reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court concerned.
Narendra/ ( Anjana Prakash, J. )