High Court Patna High Court - Orders

Kant Paswan vs The State Of Bihar on 22 July, 2011

Patna High Court – Orders
Kant Paswan vs The State Of Bihar on 22 July, 2011
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.21720 of 2011
          Kant Paswan, son of Shoe Sagar Paswan, resident of Karauria
          Dariapur, P.S. Naubatpur, Dist. Patna.
                                                           ..........Petitioner
                                            Versus
          The State of Bihar.
                                                              .....Opp. Party
                                  -----------

2/ 22.07.2011 Heard.

The Petitioner seeks bail in a case registered

under Section 25 (1B) (a)/26/35 of the Arms Act. According

to the prosecution case, one countrymade rifle and one live

cartridge were seized from the possession of the petitioner.

Learned counsel for the petitioner submits that as

a matter of fact, no incriminating article had been seized

from the possession of the petitioner and the alleged

recovery was a result of transplantation. He also submits

that the petitioner is in judicial custody since 22.01.2011.

In the facts and circumstances of this case,

particularly on the ground of the period of incarceration, the

above named petitioner is directed to be released on bail on

furnishing bail bond of Rs.10,000/-(ten thousand) with two

sureties of like amount each to the satisfaction of learned

Chief Judicial Magistrate, Patna, in connection with

Phulwarisharif (Janipur) P.S. Case No.34 of 2011, subject to

the following three conditions:

2

(a) that one of the bailors must be a government

servant or close family member or relation of the

petitioner, who will file an affidavit in the court

below showing his/her relationship with the

petitioner.

(b) If the petitioner is found involved in same and

similar nature of cases in future, then in that

cases the informant/prosecution shall be at liberty

to file a petition for cancellation of the bail of the

petitioner, and if such a petition is filed, the court

below would be obliged to dispose of the same in

accordance with law after giving opportunity of

hearing to all concerned.

(c) the petitioner shall make regular pairvi in the

court below in the present case either by

appearing himself in person or through

representation by his lawyer on each and every

date, and if on two consecutive dates petitioner

fails to make pairvi, then the court below shall at

liberty to cancel the bail bond of the petitioner.

( Birendra Prasad Verma, J )

Anjani/