IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.42807 of 2010
GUDDU YADAV son of Sri Ram Charitra Yadav
Versus
STATE OF BIHAR
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3/ 14.03.2011, 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.
It has been submitted that the petitioner is in custody
since 16.08.2010 for recovery of one country made pistol and one
cartridge and apart from one other case he has clean antecedents.
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 below to the satisfaction of the Chief
Judicial Magistrate, Gaya, in connection with Gaya Mufassil P.S.
Case No. 129 of 2010, 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 the father 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
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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, 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.
The fact that there is only one other case pending against
the petitioner shall be verified by the Magistrate before releasing the
petitioner on bail.
JA/- (Anjana Prakash,J.)