IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.3173 of 2010
MD. EJAZ, SON OF MD. SAMSUDDIN
Versus
STATE OF BIHAR
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7. 28.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 25(1-B)A, 26 and 35 of the Arms Act.
It has been submitted that when some miscreants
were sought to be arrested in a case of moving with Arms, the
miscreants ran away leaving behind two motorcycles, one of
which allegedly belonged to the son of the petitioner.
Considering that the petitioner was not arrested at
the spot and he is in custody since 18.8.2009, 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 Sri Shivchand, Judicial Magistrate, 1st Class,
Munger, in Jamalpur P.S. Case No. 130 of 2003 (G.R. No. 1282
of 2003) 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. The bailor will undertake to furnish information to the
Court about any change in address of 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
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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.
The fact that the petitioner is not an accused in any
other case of similar nature shall be verified by the Magistrate
before releasing the petitioner on bail. In case any petition has
been filed for release of the alleged vehicle on behalf of the
petitioner, the same shall be rejected since the plea has been
taken that the vehicle does not belong to the petitioner or his
son.
( Anjana Prakash, J.)
S.Ali