High Court Patna High Court - Orders

Dastgir Alam Khan vs The State Of Bihar on 25 March, 2011

Patna High Court – Orders
Dastgir Alam Khan vs The State Of Bihar on 25 March, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.43079 of 2010
                      DASTGIR ALAM KHAN S/O LATE ABDUL GANI KHAN
                                              Versus
                                    THE STATE OF BIHAR
                                            -----------

3. 25.3.2011 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence u/ss.25(1-B)A/26/35 of the Arms Act.

Considering that only a country made pistol without

cartridges was recovered from the possession of the

petitioner, for which he is in custody since 2.12.2009, 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 Chief Judicial Magistrate,

Nawada in Nawada (Nagar) P.S. case No.453 of 2009,

subject to the conditions (i) That one of the bailor 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

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 ground of misuse, (iii)
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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 if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

Narendra/                       ( Anjana Prakash, J. )