IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.21383 of 2010
SURESH DAS son of Late Nathun Das
Versus
STATE OF BIHAR
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2/ 29.06.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 302 and other allied sections of the Indian Penal
Code, section 27 of the Arms Act, section 17 of the Criminal Law
Amendment Act.
It has been submitted that the petitioner is named in the
First Information Report as one of the 87 named accused and 200
unknown persons who committed the occurrence of firing and killing
three persons. It has further been submitted that there is no
specific overt act alleged against 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 the
Chief Judicial Magistrate, Gaya, in connection with Konch P.S. Case
No. 75 of 2003, subject to the 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 wife of the petitioner. The bailors will
undertake to furnish information to the court about any change in the
address of the petitioner, (ii)That the bailors shall also state on
affidavit that they will inform the court concerned if the petitioner is
implicated in any other case of similar nature after his release in the
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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 the nature of allegation, the petitioner is
directed to appear before the Superintendent of Police, Gaya, within
fifteen days of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct of the petitioner
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 petitioner
before the court concerned.
JA/- (Anjana Prakash, J.)