Abhimanyu Kumar Singh @ Chandan … vs The State Of Bihar on 23 March, 2011

Patna High Court – Orders
Abhimanyu Kumar Singh @ Chandan … vs The State Of Bihar on 23 March, 2011
                           Cr. Misc. No.7426 of 2011
                            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

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.)

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