IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.44925 of 2010
HARI KISHOR SINGH son of Late Bhikahari Singh
Versus
THE STATE OF BIHAR
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2/ 16.03.2011 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 and 26 of the Arms Act.
It has been submitted that the petitioner is in custody
since 17.09.2010 for recovery of one country made pistol and two
cartridges and 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 below to the satisfaction of the Sub-
Divisional Judicial Magistrate, Sheohar at Dumra (Sitamarhi) in
connection with Piprarhi P.S. Case No.91 of 2010, subject to the
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 another bailor shall be Shyam
Kishore Singh, brother of the petitioner. The bailors will undertake
to furnish information to the court about 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 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
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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, and (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.
JA/- (Anjana Prakash,J.)