IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 29789 of 2011
1. Raju Kushwaha S/O Rameshwar Kushwaha R/O Vill.
Koraiya, P.S. Ghorasahan, Distt. East Champaran.
Versus
1. The State Of Bihar
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02. 13.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 25 (1-B) A and 26 of the Arms
Act.
Considering that the arms were recovered from
under the seat of the car on which the petitioner was
seated and he has fair antecedents, 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 Sub-Divisional Judicial Magistrate,
Sikrahana at Motihari in connection with Rajepur P.S.
Case No. 47 of 2011 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 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 affidavit shall
clearly state that the petitioner is not an accused in any
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other case and if he is he shall not be released on bail. (iii)
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. (iv) 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. (v) 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.
Learned counsel for the petitioner submits that
he has been implicated repeatedly at the instance of the
local police who is hostile to the petitioner and seeks
protection of a person well reputed doing social service in
the area. Under the circumstances, the petitioner is
directed to appear before the Head Priest of Local Temple,
Motihari within fifteen days of his release and file a
certificate about the same in the Court. On filing of the
certificate the petitioner will be granted provisional bail for
a period of six months. In case, the petitioner does not file
a certificate about his reporting to the Head Priest within
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two weeks of his release from jail custody, he shall be
noticed cancellation of bail. During six months the
petitioner is expected to engage himself in fruitful
activities under the guidance of the Head Priest, Local
Temple, Motihari and at the end of the six months, he will
file a certificate of his conduct in the court below issued
by the Head Priest. If the certificate granted to the
petitioner is found satisfactory, the court below will
confirm the provisional bail granted to the petitioner and
in case it is not, the petitioner will be taken in custody.
(Anjana Prakash, J.)
Vikash/-