IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20160 of 2010
Onkar Kumar Dubey @ Omkar Dubey, son of Shri Bhola
Dubey, resident of Village-Hardia Chouk Narkatiaganj,
Police Station-Shikarpur, District-West Champaran.
.......Petitioner.
Versus
The State of Bihar .............................Opposite Party.
For the petitioner :- Mr. B. N. Mishra, Advocate.
Mr. B. K. Mishra, Advocate.
For the State :-Mr. Matloob Rab, A.P.P.
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2. 14. 06. 2010. Heard the parties.
In a criminal prosecution for offences under Sections
25(1-B)(a)/26 of the Arms Act as also under Section 414 of the
Indian Penal Code, there is allegation of recovery of one country
made pistol with five live cartridges and a mobile set from the
possession of the petitioner.
It is submitted by the learned counsel for the petitioner
that petitioner is in judicial custody since 31. 12. 2009 and has been
sufficiently punished in this case. It is also submitted that as a
matter of fact, it was not a case of conscious possession rather it was
a case of transplantation.
Be that as it may, in the facts and circumstances of the
case, the above named petitioner is directed to be released on bail in
connection with Trial No. 1416 of 2010 arising out of Chanpatia
P.S. Case No. 238 of 2009, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of Shri B. K. Pathak, Judicial Magistrate, Ist Class,
Bettiah, District-West Champaran, subject to further conditions;
2
(a) that one of bailors must be Govt. servant
or close family member 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 case 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 dates, and if on two
consecutive dates petitioner fails to
make pairvi, then the court below shall
be at liberty to cancel the bail bond of
the petitioner.
m.p. ( Birendra Prasad Verma, J.)