IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20828 of 2010
LAKHAN MEHTA, S/o Yogendra Mehta.
Versus
THE STATE OF BIHAR
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02. 17.06.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 25 (1-B) A, 26 and 35
of the Arms Act.
It has been submitted that for recovery of a
country-made carbine the petitioner has remained in
custody since 17.11.2009 and has no criminal
antecedent. The fact that the petitioner has no
criminal antecedent will be verified by the Magistrate
before releasing the petitioner on bail.
In view of such, 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 Sub-Divisional
Judicial Magistrate, Birpur in connection with Birpur
P.S. Case No. 103 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
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petitioner. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) That the affidavit shall clearly state that
the petitioner is not 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.
(Anjana Prakash, J.)
Vikash/-