Amit Bengali vs The State of Bihar

Navin Sinha, J.—Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in a police case u/s 387 of the Penal Code and Sections 3 and 4 of the Explosive Substance Act.

The allegations are of the petitioner having lodged a bomb at the house of the informant for the purposes of extortion. It is submitted that the co-accused, who has named the petitioner, has been enlarged on regular bail in Cr.Misc. No. 21230 of 2006. It is submitted that the petitioner is in custody since 15.5.2004 as the accused in the aforesaid application.

Learned counsel for the State points out that the petitioner has antecedents of two cases and his prayer for bail has been rejected earlier noticing the aforesaid materials.

Considering the nature of the allegations, materials against the petitioner, and delay in the trial due to non-appearance of prosecution witnesses, let the petitioner Amit Bengali be enlarged on bail on furnishing bail bond of Rs. 5,00,000/- (Rupees five lacs) in cash accompanied by a declaration of the Income Tax Department that the amount has been disclosed to it before its deposit to the court. With two sureties of the like amount in cash each with like certification of Income Tax Department to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Town P.S. Case No.51 of 2004. Both the bailors must be father and mother of the petitioner. The bail bonds must bear the photographs and proof of residence of the bailors. The court below shall satisfy itself with regard to the same before enlarging the petitioner on bail. Should the petitioner be involved in any criminal activities during the pendency of the trial, it shall be a clear case of misuse of the privilege of bail when his bail bonds shall be cancelled by the court below and he shall be taken into custody.