IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16094 of 2010
UPENDRA SINGH @ BHIM SINGH, S/o Bir Bahadur Singh.
Versus
THE STATE OF BIHAR
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03. 02.07.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 326, 307 and 109/34
of the Indian Penal Code and Section 27 of the Arm
Act.
It has been submitted that even though in
the First Information Report the informant alleged
that the petitioner had fired at him but when he was
examined during trial he refused to identify the
petitioner.
In view of such, let the petitioner, above
named who is in custody since 15.03.2010 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, Saran at Chapra in connection with
Chapra Town P.S. Case No. 13 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
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affidavit giving genealogy as to how he is related with
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 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. (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 antecedents of the petitioner,
the petitioner is directed to appear before the Supdt.
of Police, Saran within fifteen days of his release with
a copy of this order and thereafter every two weeks for
the next nine months. The conduct of the petitioner
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will be kept under watch in this period by the S.P.
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.
(Anjana Prakash, J.)
Vikash/-