IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26654 of 2010
1. UDHARI PASWAN, S/o Matukan Paswan.
2. Upendra Paswan, S/o Jaipat Paswan.
Versus
THE STATE OF BIHAR
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02. 10.08.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offences under Sections 25(1-B) A, 26 and 35
of the Arms Act.
Considering that the pistols were recovered
from under the bed and not from the conscious
possession of the petitioners and they are in custody
since 09.03.2010 and have no criminal antecedents,
let the petitioners, above named be released on bail
on furnishing bail bonds of Rs. 5,000/- (Five
Thousand) each with two sureties of the like amount
each to the satisfaction of concerned Judicial
Magistrate, 1st Class, Bhojpur, Ara in connection with
Udwant Nagar P.S. Case No. 52 of 2010 (Tr. No. 4303
of 2010) subject to the following conditions:- (i) That
one of the bailors will be a close relative of the
petitioners who will give an affidavit giving genealogy
as to how he is related with the petitioners. The bailor
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will also undertake to inform the Court if there is any
change in the address of the petitioners. (ii) That the
affidavit shall clearly state that the petitioners are not
accused in any other case and if they are they shall
not be released on bail. (iii) That the bailor shall also
state on affidavit that he will inform the court
concerned if the petitioners are implicated in any
other case of similar nature after their 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 petitioners
will give an undertaking that they will receive the
police papers on the given date and be present on
date fixed for charge and if they fail to do so on two
given dates and delays the trial in any manner, their
bail will be liable to be cancelled for reasons of
misuse. (v) That the petitioners will be well
represented on each date and if they fail to do so on
two consecutive dates, their bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-