IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7426 of 2011 ABHIMANYU KUMAR SINGH @ CHANDAN KUMAR SINGH son of Ram Babu Singh Versus THE STATE OF BIHAR -----------
2/ 23.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 414 of Indian Penal Code and also under
sections 25(1-B) A, 26 and 35 of the Arms Act.
Considering that no arms were recovered from the
possession of the petitioner and he is a bonafide purchase of the
mobile and the motor cycle 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 to be fixed by the court below to the
satisfaction of the Chief Judicial Magistrate, Sitamarhi, in
connection with Sitamarhi P.S. Case No.639 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 the father 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 present case and thereafter the
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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.)