Patna High Court - Orders
Raj Kumar Ram &Amp; Anr vs State Of Bihar on 16 June, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19800 of 2010
1. RAJ KUMAR RAM
2. Mahesh Prasad
Versus
STATE OF BIHAR
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2. 16.6.2010. Heard learned counsel appearing on behalf of the petitioners and the State.
Petitioners are in custody in connection with Atri P.S.Case No.09 of 2007 for the offence punishable under Sections 147, 148, 149, 302, 452, 380, 379, 427 of the Indian Penal Code, section 27 of the Arms Act, Section 3/4 of the Explosive Substance Act and section 17 of the Criminal Law Amendment Act.
Learned counsel for the petitioners submits that the statement of allegation as set out in the first information report shows that there is no specific overt act attributed to the petitioners save and except that they were the members of 200 strong mob. He submits that the allegation against the accused persons are general in nature and in similar circumstances, this Court has granted bail to several accused persons, the orders whereof has been placed at Annexure-2 series of the bail application.
Having regard to the submissions aforesaid, let petitioners Raj Kumar Ram and Mahesh Prasad be released on bail on furnishing individual bail bonds of Rs.10,000/- (ten thousand) with two sureties of 2 the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Atri P.S.Case No.09 of 2007, subject to conditions (a) 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, (b) 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, (c) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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 (d) 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.
ahk (Jyoti Saran, J.)
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