High Court Patna High Court - Orders

Mukesh Ram @ Mukesh Rai @ Praween Ji vs State Of Bihar on 23 June, 2010

Patna High Court – Orders
Mukesh Ram @ Mukesh Rai @ Praween Ji vs State Of Bihar on 23 June, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.19861 of 2010
             MUKESH RAM @ MUKESH RAI @ PRAWEEN JI,
                         S/o Lal Bihari Ram.
                               Versus
                        THE STATE OF BIHAR
                              -----------

02. 23.06.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 25(1-B) A, 26 and 35 of the

Arms Act, Section 17 of C.L.A. Act and Section 5 of

Explosive Substance Act.

It has been submitted that the petitioner is not

named in the First Information Report nor has any

recovery been made from his possession but later on co-

accused named the petitioner as one of the persons

involved in the present occurrence.

In view of such, let the petitioner, above named

who is in custody since 15.12.2009 be released on bail on

furnishing bail bond of Rs. 5,000/- (Five Thousand) with

two sureties of the like amount each to the satisfaction of

Chief Judicial Magistrate, East Champaran at Motihari in

connection with Patahi P.S. Case No. 85 of 2005 subject to

the following 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 the other bailor shall be the father/wife of the
2

petitioner. The Magistrate is directed to insist upon proper

identification of the bailors as well as the petitioner so that

there is no confusion about the petitioner’s identity at the

later stage. The bailor will also undertake to inform the

Court if there is any change in the address of the

petitioner. (ii) 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 the 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 and if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

The Magistrate concerned is directed to

immediately commit the case of the petitioner to the Court

of Sessions so that his trial can proceed along with S.Tr.

No. 166 of 2010 pending before Additional Sessions Judge,

F.T.C.-II, Motihari.

(Anjana Prakash, J.)
Vikash/-