IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37286 of 2010
JITENDRA KUMAR S/O KANHAIYA LAL CHAUDHARY
Versus
THE STATE OF BIHAR
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2. 29.10.2010 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 and 35 of the Arms Act.
Considering that for recovery of one
live cartridge, the petitioner has remained in
custody since 3.7.2010 and has fair antecedent,
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, East Champaran at Motihari
in connection with Harsidhi P.S. Case No.
168/2010, 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
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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.
Fahad. ( Anjana Prakash, J. )