IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14366 of 2011
Ishwar Kumar, S/o Late Bhola Ram.
Versus
The State of Bihar
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03. 16.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 25(1-B) A and 26 of Arms Act.
The petitioner was refused bail by order dated
13.09.2010 since 27 cartridges were recovered from his
possession. The petitioner has renewed his prayer for bail
on the ground that he is in custody since 25.04.2010 and
only four witnesses have been examined during trial
which is confirmed by the Trial Court.
Considering the period of custody as also the
undertaking of Birendra Prasad the cousin brother of the
petitioner, 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 Sri P.A. Kaushik, Judicial Magistrate, 1st Class,
Nalanda at Biharsharif (or its successor) in connection
with Sohsarai P.S. Case No. 49 of 2010 (G.R. No. 935 of
2010) subject to the following conditions:- (i) That one of
the bailors will be cousin brother of the petitioner namely
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Birendra Prasad who will give an affidavit giving genealogy
as to how he is related with the petitioner and the other
bailor shall be local since the petitioner belongs to
Shekhpura. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) That the bailor 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. (iii) 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.
Vikash/- (Anjana Prakash, J.)