IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21720 of 2011
Kant Paswan, son of Shoe Sagar Paswan, resident of Karauria
Dariapur, P.S. Naubatpur, Dist. Patna.
..........Petitioner
Versus
The State of Bihar.
.....Opp. Party
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2/ 22.07.2011 Heard.
The Petitioner seeks bail in a case registered
under Section 25 (1B) (a)/26/35 of the Arms Act. According
to the prosecution case, one countrymade rifle and one live
cartridge were seized from the possession of the petitioner.
Learned counsel for the petitioner submits that as
a matter of fact, no incriminating article had been seized
from the possession of the petitioner and the alleged
recovery was a result of transplantation. He also submits
that the petitioner is in judicial custody since 22.01.2011.
In the facts and circumstances of this case,
particularly on the ground of the period of incarceration, the
above named petitioner is directed to be released on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) with two
sureties of like amount each to the satisfaction of learned
Chief Judicial Magistrate, Patna, in connection with
Phulwarisharif (Janipur) P.S. Case No.34 of 2011, subject to
the following three conditions:
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(a) that one of the bailors must be a government
servant or close family member or relation of the
petitioner, who will file an affidavit in the court
below showing his/her relationship with the
petitioner.
(b) If the petitioner is found involved in same and
similar nature of cases in future, then in that
cases the informant/prosecution shall be at liberty
to file a petition for cancellation of the bail of the
petitioner, and if such a petition is filed, the court
below would be obliged to dispose of the same in
accordance with law after giving opportunity of
hearing to all concerned.
(c) the petitioner shall make regular pairvi in the
court below in the present case either by
appearing himself in person or through
representation by his lawyer on each and every
date, and if on two consecutive dates petitioner
fails to make pairvi, then the court below shall at
liberty to cancel the bail bond of the petitioner.
( Birendra Prasad Verma, J )
Anjani/