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Patna High Court – Orders
Santosh Kumar Das vs The State Of Bihar on 18 March, 2011
                      Cr.Misc. No.6416 of 2011
               SANTOSH KUMAR DAS, S/o Sri Shanker Das.
                        THE STATE OF BIHAR

02. 18.03.2011 Heard learned counsel for the petitioner and the


The petitioner seeks bail in a case instituted for

the offences under Sections 3/4 of the Explosive

Substance Act.

It has been submitted on behalf of the petitioner

that the petitioner is not named in the First Information

Report and subsequently his name transpired in the

confessional statement of the co-accused for which he is

in custody since 27.11.2010 and has fair antecedents.

Considering the same, 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 Chief Judicial Magistrate, Darbhanga in

connection with Laheriasarai P.S. Case No. 526 of 2010

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 affidavit shall clearly state that

the petitioner is not an accused in any other case and

if he is he shall not be released on bail. (iii) 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. (iv) 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. (v) 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


The Magistrate concerned will verify the fact that

the petitioner has fair antecedents before releasing the

petitioner on bail.

(Anjana Prakash, J.)

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