The High Court at Patna granted bail to the petitioner in a case involving offences under IPC and UAPA, contingent upon furnishing a bond and satisfying specific conditions including police monitoring.
Petitioner released on bail of Rs. 5,000 with two sureties subject to stringent conditions including periodic reporting to the Superintendent of Police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9876 of 2013
====================================================== Kundan Jha S/o Bishnoo Jha, R/o village Muzaffarganj, P.S. Havili Kharagpur, Distt. Munger .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.M.S. Alam, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3 09-04-2013 Defect ignored.
Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 124A, 414 of the Indian Penal Code as well as 16(B)/18/20/23/38/39 of Unlawful Activity Prevention Act and 25(1-AA)/25(1-AAA)/26(2)/35 of the Arms Act.
Considering that the Petitioner’s was disclosed in the confessional statement of the co-accused before the police, for which he is in custody since 14.11.2012 and he has fair antecedent as also his father Bishnu Jha 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 concerned to the satisfaction of learned C.J.M., Munger in connection with Naya Ram Nagar P.S. Case No.93 of 2012 (G.R. No.1150 of
Patna High Court Cr.Misc. No.9876 of 2013 (3) dt.09-04-2013
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2012), subject to the conditions (i) That one of the bailor shall be Bishnu Jha, father of the Petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
In the nature of allegations, the petitioner is directed to appear before the Superintendent of Police, Munger within fifteen days of his release with a copy of this order and every two weeks
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thereafter for the next six 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 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.
(Anjana Prakash, J)
Narendra/-
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 124A, 414 of IPC and the Unlawful Activities (Prevention) Act.
3 provisions across 3 enactments
Kundan Jha
The State Of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Anjana Prakash
Parties & counsel
