IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1816 of 2010 ASHOK KUMAR RAM, SON OF MANGAL RAM Versus THE STATE OF BIHAR with Cr.Misc. No.2178 of 2010 PARSURAM PRASAD @ BIKAN, SON OF SHYAM LAL BIKAN Versus STATE OF BIHAR ----------- 4. 19/03/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 394 and 307 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added. The case was instituted against unknown criminals of having caused death of the Informant in the course of commission of robbery. Charge sheet was submitted under Sections 396, 397 and 412 of the Indian Penal Code. During investigation one Munna Singh was arrested who disclosed that in fact, the main architect of the case was one Pappu and it is he, who has shot at the deceased and whereas the present petitioners are concerned he has only stated that they were present at a Hotel where the rest of the accused persons took their meals. However, there is material against the petitioner that they were also at the place of occurrence with the Motorcycle but there is no material to suggest that the petitioners participated in the occurrence of robbery or killing the deceased. Taking into consideration the fact that let the petitioner - 2 - Ashok Kumar Ram has no antecedents, let him be released on bail on verification of this fact by the Magistrate concerned on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Maharajganj P.S. Case No. 119 of 2009 on 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. (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. So far as the petitioner Parsuram Prasad @ Bikan is concerned, he shall be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount - 3 - each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Maharajganj P.S. Case No. 119 of 2009 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. (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, Siwan, within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. 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 - 4 - 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.)