IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29091 of 2011
1. Shiv Pujan Rai son of late Dharmdeo Rai
2. Harender Mahto son of late Shivanan Mahto
Versus
The State Of Bihar
-----------
2. 8.9.2011 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 25(1-B)A, 26, 35 of the Arms Act.
Considering that the petitioners are in custody
since 16.4.2011 for recovery of arms, let the petitioners 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 learned C.J.M., East Champaran, Motihari
in connection with Darpa P.S. Case No.15 of 2011, subject to
the conditions (i) That one of the bailor shall be the brother of
the petitioners and the other bailor will be a close relative of
the petitioners who will give an affidavit giving genealogy as
to how he is related with the petitioners. The bailor will
undertake to furnish information to the Court about any
change in address of the petitioners. (ii) That the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioners is implicated in any other case of similar nature
after their release in the present case and thereafter the court
below will be at liberty to initiate the proceeding for
-2-
cancellation of bail on ground of misuse, (iii) That the
petitioners will give an undertaking that they will receive the
police papers on the given date and be present on date fixed
for charge and if they fail to do so on two given dates and
delays the trial in any manner, their bail will be liable to be
cancelled for reasons of misuse, (iv) That the petitioners will
be well represented on each date if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
In view of the nature of allegations, the petitioners
are directed to appear before the Superintendent of Police,
East Champaran at Motihari within fifteen days of their release
with a copy of this order and every two weeks thereafter for
the next nine months. The conduct of the petitioners will be
kept under watch in this period by the superintendent of Police
concerned and if it is found wanting in any respect, 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 petitioners before the court
concerned.
Learned Counsel for the petitioners submits that the
petitioners have been implicated repeatedly at the instance of
the local police who is hostile to the petitioners and seeks
protection of a person well reputed doing social service in the
area. Under the circumstances, the petitioners are directed to
-3-
appear before the Head Priest of local Temple, Motihari within
fifteen days of their release and file a certificate about the
same in the Court. On filing of the certificate the petitioner will
be granted provisional bail for a period of six months. In case,
the petitioners do not file a certificate about their reporting to
the Head Priest within two weeks of their release from jail
custody, they shall be noticed for cancellation of bail. During
six months the petitioners are expected to engage themselves
in fruitful activities under the guidance of the Head Priest,
local Temple, Motihari and at the end of six months they will
file a certificate of their conduct in the court below issued by
the Head Priest. If the certificate granted to the petitioners is
found satisfactory, the court below will confirm the provisional
bail granted to the petitioners and in case it is not, the
petitioners will be taken into custody.
Narendra/ ( Anjana Prakash, J. )