IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.45315 of 2010
1. RAJKUMAR PASWAN, S/o Anirudh Paswan.
2. Dinesh Kuamr Yadav, S/o Rajdhar Prasad Yadav.
Versus
THE STATE OF BIHAR
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02. 17.03.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 25(1-B)A and 26 of the Arms
Act.
Considering that the petitioner No. 1 is the
Conductor and the petitioner No. 2 is the Khalasi of the
vehicle from where two country-made guns were found
and they have fair antecedents, let the petitioners, above
named be released on bail on furnishing bail bonds of Rs.
5,000/- (Five Thousand) each with two sureties of the like
amount each or any other surety as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Supaul in
connection with Ratanpura P.S. Case No. 22 of 2010
subject to the following conditions:- (i) That one of the
bailors will be a close relative of the petitioners who will
give an affidavit giving genealogy as to how he is related
with the petitioners and the other bailor shall be the
son/brother of the petitioners. The bailor will also
undertake to inform the Court if there is any change in
the address of the petitioners. (ii) That the affidavit shall
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clearly state that the petitioners are not an accused
in any other case and if they are they shall not be
released on bail. (iii) That the bailor shall also state on
affidavit that he will inform the court concerned if the
petitioners are implicated in any other case of similar
nature after their 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. (iv) That the petitioners will give an
undertaking that they will receive the police papers
on the given date and be present on date fixed for
charge and if they fail to do so on two given dates and
delays the trial in any manner, their bail will be liable
to be cancelled for reasons of misuse. (v) That the
petitioners will be well represented on each date and if
they fail to do so on two consecutive dates, their bail will
be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-