Patna High Court - Orders
Pankaj Dangi @ Binod Dangi @ Vinod Mahto vs State Of Bihar on 1 July, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10462 of 2010
PANKAJ DANGI @ BINOD DANGI @ VINOD MAHTO SON OF
SHRI RAMDEO MAHTO
Versus
STATE OF BIHAR
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3. 1.7.2010Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offence under Sections 364A, 302/34 of the Indian Penal Code and 27 of the Arms Act as well as 17 of the Criminal Law Amendment Act.
The petitioner is not named in the first information report, which has been instituted about the murder of one brother of the informant and kidnapping of another. The said kidnapped Dhanraj Singh returned next day but he did not name the petitioner initially. Nine months later the said Dhanraj Singh attributed specific overt-act to the petitioner of killing the deceased, but it is not explained as to why earlier the petitioner's name was not disclosed by him.
In view of such, let the petitioner above named, who is in custody since 27.6.2009, 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in Imamganj P.S.case No.83 of 2000, subject to the conditions (i) That one of the bailors shall be the wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he -2- is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. The Magistrate concerned shall insist upon proper identification papers of the petitioner and the bailors so that there is no dispute with regard to their identity at a later point of time, (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 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 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. -3-
After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
( Anjana Prakash, J. ) Narendra/