Patna High Court - Orders
Dina Nath Chamar vs The State Of Bihar on 23 December, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34399 of 2011
1. Dina Nath Chamar, S/o Late Bechan Chamar
Resident of Village-Marichaon, P.S.-Bhabhua,
District-Kaimur At Bhabhua.
Versus
1. The State of Bihar
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03. 23.12.2011Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
Considering that simple injury was found on the person of the injured and the occurrence took place on account of land dispute and the petitioner is in custody since 11.06.2011, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 163 of 2011 subject to the 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. The bailor will also undertake to inform the Court if there is any change in the address of 2 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.
It has been submitted that there is only one other case pending against the petitioner which fact will be verified by the Magistrate concerned before releasing the petitioner on bail.
(Anjana Prakash, J.) Vikash/-