IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5471 of 2011
MANOJ TIWARI SON OF AGNIDEO TIWARI
Versus
THE STATE OF BIHAR
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2. 20.4.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.25(1-B)A/26/35 of the Arms Act.
The petitioner was granted bail by an order dated
10.11.2010 vide Cr.Misc.No.38554 of 2010, but on verification
that he was an accused in only one other case which was
mentioned in the First Information Report. On verification it
was found that the petitioner was an accused in another case
of the year 2005 in which he was on police bail.
Considering that the petitioner on merits was granted
bail by this Court, 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 Chief
Judicial Magistrate, Buxar in Brahmpur P.S. case No.358 of
2009, 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.
The bailor will undertake to furnish information to the Court
about any change in address of the petitioner. (ii) That the
bailor shall also state on affidavit that he will inform the court
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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, (iii)
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, (iv) 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.
A sum of Rs.750/- shall be deposited before the
District Legal Aid Committee, Buxar by the petitioner before
he is released on bail.
Narendra/ ( Anjana Prakash, J. )