IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8650 of 2011
KALESHWAR MUKHIYA @ BALESHWAR MUKHIYA
S/O LATE BUT MUKHIYA
Versus
THE STATE OF BIHAR
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2. 25.03.2011 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 21.9.2010 for recovery of two pistols
and he has fair 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 concerned to the satisfaction of
learned Judicial Magistrate, Saharsa in connection
with Nauhatta P.S. Case No. 84/2010, 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
petitioner and the other bailors shall be the cousin
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brother of the petitioner namely Prithivi Mukhiya.
The bailors 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 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 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.)