IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32057 of 2011
Giriraj Prasad, son of Late Gandhi Prasad
Versus
The State Of Bihar
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2. 28.09.2011 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, 26 and 35 of the Arms
Act.
It has been submitted that the petitioner is in
custody since 9.8.2011 and he is first offender.
Considering the aforesaid, 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 concerned to
the satisfaction of Chief Judicial Magistrate, East Champaran
at Motihari, in connection with Pakridayal P.S. Case No. 83 of
2011, 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 shall be the brother of the petitioner
namely Umesh Prasad. 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 shall also
state on affidavit that he will inform the court concerned if the
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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.)
S.Ali