IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38549 of 2010
SHAMBHU PODDAR, S/o Late Hemchand Poddar.
Versus
THE STATE OF BIHAR
-----------
02. 10.11.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 399, 402 and 414 of the
Indian Penal Code and Sections 25(1-B) A, 26, 27 and 35
of the Arms Act.
Considering that the petitioner is in custody
since 16.03.2010 for recovery of thirteen cartridges
without a pistol and has fair antecedents, 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 as fixed by the
Court to the satisfaction of Chief Judicial Magistrate,
Khagaria in connection with Gogri P.S. Case No. 63 of
2010 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. The bailor will also undertake to
inform the Court if there is any change in the 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 bailor
2
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. (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
and if he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-