IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.346 of 2010 RANJIT THAKUR, SON OF KRISHNA THAKUR Versus STATE OF BIHAR ----------- 4. 05/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 353, 307, 186, 120(b) of the Indian Penal Code, Sections 25(1-B), 26, 27 and 35 of the Arms Act. The prosecution case is that co-accused Akshat Singh with his gang members including the present petitioner had fled away from the jail premises after killing a Jail Guard. For the same, another case was instituted bearing Nawada P.S. Case No. 298 of 2001 against the petitioner and other co-accused persons. In course of chase of the miscreants, co-accused Akshat Singh and Rupesh Kumar were shot dead by the Police Force. The miscreants are also said to have generally fired at the Police Force in course of fleeing away. However, there is no specific overt act against them and the petitioner is named as one of the miscreants who succeeded in fleeing away. In view of the fact that the petitioner is in custody since 5.9.2008, 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 to the satisfaction of A.D.J. IIIrd, Nawada, in Sessions Trial No. 145 of 2009/104 of 2009 arising out of Kawakol P.S. Case No. 131 of 2001 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. - 2 - (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. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Nawada, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next one year. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police 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 Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)