IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19998 of 2010
DEVENDRA PRASAD SINGH
S/O LATE VIDHANAND SINGH
Versus
STATE OF BIHAR
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3. 23.09.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 25 (1-B) (a) (b) (e), 26 and 35 of the
Arms Act.
By an order dated 28.6.2010 the case was posted
to be heard after 2 months with the obvious intent to grant
bail to the petitioner on said date.
Considering the same, 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 Judicial Magistrate Ist Class, Danapur
in connection with Danapur P.S. Case No. 42/2010, 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 and the
other bailor shall be the brother of the petitioner. The bailor
will undertake to furnish information to the Court about any
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change in address of the petitioner. (ii) That the affidavit
shall clearly state that the petitioner is not an accused in any
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 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 if he fails
to do so on two consecutive dates, his bail will be liable to
be cancelled.
The fact that the petitioner has fair antecedent will
be verified by the Magistrate before releasing the petitioner
on bail.
Fahad. ( Anjana Prakash, J. )