IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6416 of 2011
SANTOSH KUMAR DAS, S/o Sri Shanker Das.
Versus
THE STATE OF BIHAR
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02. 18.03.2011 Heard learned counsel for the petitioner and the
State.
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
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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
cancelled.
The Magistrate concerned will verify the fact that
the petitioner has fair antecedents before releasing the
petitioner on bail.
(Anjana Prakash, J.)
Vikash/-
