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Patna High Court - Orders

Amresh Singh @ Guddu Jee vs State Of Bihar on 1 April, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.10261 of 2010
                AMRESH SINGH @ GUDDU JEE SON OF MOKHTAR SINGH
                                           Versus
                                    STATE OF BIHAR
                                         -----------

2.   1.4.2010

Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 452, 380, 436 and 427 of the Indian Penal Code and ¾ of the Explosive Substance Act as well as 17 of Criminal Law Amendment Act.

The petitioner was granted bail by an order dated 26.10.2009 passed in Cr.Misc.No.35339 of 2009 on condition that he would file an affidavit that he is not an accused in any other case but because of pendency of another case he was not released on bail.

In view of the fact that the pendency of the other case does not interfere with the merits of the present case, 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 S.D.J.M., Sherghaty in Dumaria P.S.case No.24 of 2009, 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, (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 -2- proceeding for cancellation of bail on the ground of misuse and (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.

In view of nature of allegations against the petitioner, 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 thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the S.P. concerned and if it is found wanting in any manner 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. ) Narendra/