High Court Patna High Court - Orders

Nandlal Yadav vs State Of Bihar on 14 September, 2010

Patna High Court – Orders
Nandlal Yadav vs State Of Bihar on 14 September, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.24040 of 2010
               NANDLAL YADAV, S/o Late Laxmi Yadav.
                              Versus
                       THE STATE OF BIHAR
                             -----------

03. 14.09.2010 Heard learned counsel for the petitioner and

the State.

The petitioner seeks bail in a case instituted

for the offences under Section 25(1-B) A of the Arms

Act.

By order dated 16.04.2010 vide Cr. Misc. No.

11275 of 2010 the petitioner was allowed bail but on

the submission that he is accused in only one other

case whereas he was accused in three cases.

However, considering the period of custody,

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 as fixed by the Court to the satisfaction

of Sri Gaurav Anand, Judicial Magistrate, 1st Class,

Saharsa (or his successor) in connection with

Bakhtiyarpur P.S. Case No. 5 of 2010 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
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the petitioner and the other bailor shall be the wife of

the petitioner. The bailor will also undertake to

inform the Court if there is any change in the 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 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.

In view of the antecedents of the petitioner,

the petitioner is directed to appear before the Supdt.

of Police, Saharsa within fifteen days of his release

with a copy of this order and thereafter every two

weeks for the next nine months. The conduct of the
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petitioner will be kept under watch in this period by

the S.P. concerned and if it is found wanting in any

respect, a report shall be made to the court concerned

by him to initiate a proceeding for cancellation of bail

for reasons of misuse of bail. After reporting to the

Superintendent of Police, a certificate will be filed by

the petitioner before the court concerned.

The petitioner shall also deposit a sum of Rs.

500/- in the District Legal Aid Committee before being

released on bail.

(Anjana Prakash, J.)
Vikash/-