IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.25038 of 2011
Congress Yadav son of Bhubneshwar Yadav
Versus
The State Of Bihar
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2/ 04.08.2011 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.
Considering that for recovery of a loaded country made
pistol and one cartridge the petitioner has remained in custody since
09.03.2011 and now the petitioner’s brother Ganga Prasad Yadav is
ready to stand surety for him, let the petitioner, above named, be
released on provisional 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 below to the satisfaction of the
Chief Judicial Magistrate, Munger, in connection with Jamalpur P.S.
Case No.28 of 2011, subject to the 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 another bailor shall be Ganga Prasad Yadav, thebrother of the
petitioner. The bailors will undertake to furnish information to the
court about any change in the address of the petitioner, (ii) That the
bailors shall also state on affidavit that they 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, (iii) That the petitioner will give an
undertaking that he will receive the police papers on the given date
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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, and (iv) 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 Secretary, Bihar
School of Yoga, Munger, within fifteen days of his release from jail
custody on provisional bail for a period of six months and file a
certificate about the same in the court within the stipulated time. In
case, the petitioner fails to file certificate about reporting to the
Secretary, Bihar School of Yoga, Munger, within two weeks of his
release from jail custody, notice shall be sent to him for
cancellation of bail. During the period of six months, the petitioner
is expected to engage himself in fruitful activities under the
guidance of the Secretary, Bihar School of Yoga, Munger, and at
the end of the six months, the petitioner will be required to file a
certificate of his conduct in the court below granted by the
Secretary, Bihar School of Yoga, Munger. If the certificate granted
to the petitioner is found satisfactory, the court below will confirm
the provisional bail granted to the petitioner or else will issue notice
for cancellation of bail.
JA/- (Anjana Prakash,J.)