IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33000 of 2010
GUPTA YADAV @ JAI PRAKASH YADAV
S/O CHANDRADEO YADAV
Versus
STATE OF BIHAR
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2. 01.10.2010 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/26 of the Arms Act
and 17 of Cr. L.A. Act.
It has been submitted that for recovery of one
pistol and three cartridges the petitioner has remained in jail
custody since 28.6.2010 and has no criminal antecedent.
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 learned Chief Judicial Magistrate,
Aurangabad in connection with Aurangabad P.S. Case No.
279/2010, 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 son-in-law of
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the petitioner. The bailor will undertake to furnish
information to the Court about any 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 no criminal
antecedent shall be verified by the Magistrate before
releasing the petitioner on bail.
Fahad. ( Anjana Prakash, J. )