Patna High Court - Orders
Govind Das vs The State Of Bihar on 27 October, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32130 of 2010
GOVIND DAS
Versus
THE STATE OF BIHAR
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4. 27.10.2010Heard the learned Counsel for the petitioner and the learned counsel for the State.
The petitioner is in custody in a Police case under Sections 121A, 122, 120B, 386, 414, 122 of the Penal Code, Arms Act and Section 17 of the Criminal Law Amendment Act as also U.P.A. Act.
The submission is that the petitioner is living at Kolkata for his vocation as a Cobbler and had come home on the occasion of Holi. There is no material in the case diary suggestive of his membership or any activity as part of an unlawful organisation. The only material is his own alleged confession.
Counsel for the state from the case diary is unable to place any material expect the own confession of the petitioner before the police, suggestive of any doubt in the mind of the police that the petitioner was a member of an outlawed organisation. A reference is made to an alleged diary recovered which is stated to contain only certain names and bank account numbers.
In the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of CJM Jamui in Laxmipur PS Case No. 29 of 2010.
Both the sureties must be his father and mother respectively. The photograph and proof of residence of the bailors shall be appended to the bail bonds and shall be verified through the local police before final acceptance of the same.
The petitioner is required to be properly represented on each date in the trial and is also required to be physically present on dates that the court below shall so direct. In the event of the petitioner defaulting on either of the two counts the trial court shall be at liberty to deal with him appropriately notwithstanding the present order.
Snkumar/- (Navin Sinha,J.)