Md. Salim @ Sk. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 21600 of 2015 Arising out of P.S. Case No. -363 Year- 2010 Thana -PURNEA SADAR District- PURNIA =================================================== Md. Salim @ Sk. Salim, Son of Late Sk. Muddin, Resident of Village-Nikhrail, P.S. Sadar (Dagarua), District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For the Opposite Party/s: Mr. Ajay Kumar Jha (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

29.07.2015 Heard 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, 458, 307, 109, 120(B), 504 and 506 of the Indian Penal Code and Sections 3/4 of Explosive Substance Act. The Petitioner was allowed bail by order dated 01.04.2013 but on condition that an affidavit would be filed on his behalf that he has fair antecedents. Since there was one other case pending against him such an affidavit could not be filed and, hence, he remained in custody.

Considering the period of custody, 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,

Patna High Court Cr.Misc. No.21600 of 2015 (2) dt.29-07-2015 Purnea in connection with Supplementary Sadar (Dagarua) P.S. Case No. 363 of 2010 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 Md. Shamim. 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) 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.

Vikash/- (Anjana Prakash, J.) U T