Patna High Court - Orders
Koko Das vs The State Of Bihar on 15 September, 2011
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26550 of 2011
Koko Das, S/o Late Brahamdeo Das.
Versus
The State Of Bihar
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03. 15.09.2011Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
Considering that the petitioner is not named in the First Information Report and about a year later material transpired against him which does not inspire confidence, 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, Munger in connection with Bariyarpur P.S. Case No. 73 of 2009 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 and the other bailor shall be the brother-in-law of the petitioner namely Anju Kumar. 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) 2 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 Superintendent of Police, Munger within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police 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/-