Chhotu Das @ Chhotu Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24472 of 2015 Arising Out of PS.Case No. -4 Year- 2012 Thana -DUMARIA District- GAYA ====================================================== Chhotu Das @ Chhotu Ji , son of Krit Ram, resident of village-Kauwal, P.S.- Chhatar pur, District- Palamu, Jharkhand. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 23-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dumaria P.S. Case No.04 of 2012 registered under Sections 147, 148, 149, 341, 120(B), 333, 353 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner has not been apprehended on the spot by the police. The name of the petitioner and others has come to the knowledge of the informant on the basis of the information given by the other police officials. It is also submitted that the co-accused, Arbind Pal alias D.K. Jee,

Patna High Court Cr.Misc. No.24472 of 2015 (3) dt.23-09-2015 2/3 has already been granted bail by a Bench of this Court vide order dated 05.04.2013 passed in Criminal Misc. No.5582 of 2013. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati, Gaya, in connection with Dumaria P.S. Case No.04 of 2012 subject to the condition : (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 shall be the father of the petitioner, namely, Krit Ram. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailors shall also state on affidavit that they 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

Patna High Court Cr.Misc. No.24472 of 2015 (3) dt.23-09-2015 3/3 be cancelled for reasons of misuse, and (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.

(Rajendra Kumar Mishra, J) P.S./- U T