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Patna High Court - Orders

Dablam Singh @ Dablan Singh vs The State Of Bihar on 26 February, 2013

Author: Anjana Prakash

Bench: Anjana Prakash

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.5557 of 2013
                 ======================================================
                 Dablam Singh @ Dablan Singh, Son Of Chandraket Singh, Resident of
                 Village Ratanpura Basant, P.S. Awatar Nagar, District Saran.

                                                                    .... ....   Petitioner/s
                                                Versus
                 The State of Bihar

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s : Mr. K.K. Singh, Adv.
                 For the State        : Mr. Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
                 ORAL ORDER

2   26-02-2013

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, 323, 337, 338, 332, 333, 352, 307, 331, 435, 379, 427, 507, 506 Indian Penal Code, Section 27 of the Arms Act and Sections ¾ Prevention of damage Public Property Act.

Considering that the Petitioner is in custody since 30.6.2012 without any specific overt act alleged against him and his brother namely, Mudrika Singh undertakes his responsibility, 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 to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Chapra, in connection with Garkha P.S. Case No. 223 of 2009 subject to the Patna High Court Cr.Misc. No.5557 of 2013 (2) dt.26-02-2013 2/2 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 shall be the brother of the Petitioner namely, Mudrika Singh. 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.

(Anjana Prakash, J) S.Ali