IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.14856 of 2010
JITENDRA SINGH son of late Shiv Narayan Singh @ Sri Narayan Singh
Versus
THE STATE OF BIHAR
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3/ 28.06.2010 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under section 25(1-b)A/26 of the Arms Act.
It has been submitted that on 21.12.2009, the petitioner’s
wife filed a petition before the Additional Chief Judicial Magistrate,
Patna City, stating therein that his husband had been picked up by
Alamganj Police on 19.1.2009 and his whereabouts were not known.
Upon this, a report was called for from Alamganj police and on the
same day the present case was instituted stating that two automatic
pistol and twenty eight cartridges were recovered from under the
pillow of the petitioner. The petitioner’s wife undertakes responsibility
of the petitioner after his release from the jail custody.
In view of such, 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 to the satisfaction of the
Additional Chief Judicial Magistrate, Patna city, in connection with
Alamganj P.S. Case No.278 of 2009, 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. Another bailor of the petitioner shall be his wife. The
bailors will undertake to furnish information to the court about any
change in the address of the petitioner, (ii)That the bailors shall also
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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, (iii)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 (iv)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.
In view of the antecedents of the petitioner, the petitioner
is directed to appear before the Superintendent of Police (City), Patna,
within fifteen days of his release with a copy of this order and every
two weeks thereafter for the next one year. The conduct of the
petitioner will be kept under watch in this period by the Superintendent
of Police concerned and if it is found wanting in any respect, a report
shall be made to the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the petitioner
before the court concerned.
JA/- (Anjana Prakash, J.)