Satrughan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32237 of 2014 Arising Out of PS.Case No. -289 Year- 2010 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Satrughan Rai, Son of Jaga Rai @ Gajendra Rai, resident of village - Dubarbana, Police Station - Minapur, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mazharul Hassan, Adv. For the State : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-01-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 324, 307/34 of the Indian Penal Code and Sections 3/4 Explosive Substance Act.

Considering that there is no direct material against the Petitioner who is in custody since 16.3.2014 and he has fair antecedents and also his father undertakes his responsibility, 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 to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P.S. Case No. 289 of 2010 subject to the following conditions: (i) That one of the bailors will be a close

Patna High Court Cr.Misc. No.32237 of 2014 (3) dt.12-01-2015 2/3 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 the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) 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.

(iv) 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. (v) 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. However, in the nature of allegations, the Petitioner is directed to appear before the Officer-in-Charge, Minapur, Distt. Muzaffarpur, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months.

Patna High Court Cr.Misc. No.32237 of 2014 (3) dt.12-01-2015 3/3 the Officer-in-Charge 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 Officer-in-Charge, a certificate will be filed by the Petitioner before the court concerned. (Anjana Prakash, J) S.Ali/- U T