IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23155 of 2010
1. KANTI DEVI WIFE OF HARI SAHNI
2. DINESH SAHNI @ BILLA S/O LATE RAMBABU SAHNI
Versus
STATE OF BIHAR
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2. 14.7.2010 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 3/4/5 of the Explosive Substance Act and
25(1/b)a/26/35 of the Arms Act.
The prosecution case is that the police on an
information reached the house of petitioner no.2 where he was told
that the petitioner no.2 was injured on account of blasting of some
bombs. The petitioner no.1 was arrested with the loaded pistol,
who stated that the pistol belonged to petitioner no.2 and she was
trying to remove the same.
However, considering that the petitioners are in
custody since 15.12.2009 and 21.12.2009 respectively and have
no criminal antecedents, let the petitioners above named be
released on bail on furnishing bail bond of Rs.5,000/- (Five
thousand) each with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Patna in Kadam Kuan
P.S.case No.357 of 2009, subject to the conditions (i) That one of
the bailors will be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
petitioners. The bailor will undertake to furnish information to the
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court about any change in the address of the petitioners, (ii) that
the affidavit shall clearly state that the petitioners are not an
accused in any other case and if they are they shall not be
released on bail, (iii) that the bailor shall also state on affidavit that
he will inform the court concerned if the petitioners are implicated in
any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the
police papers on the given date and be present on date fixed for
charge and if they fail to do so on two given dates and delays the
trial in any manner, their bail will be liable to be cancelled for
reasons of misuse and (v) that the petitioners will be well
represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
The fact that the petitioners have no criminal
antecedents will be verified by the Magistrate concerned before
releasing the petitioner on bail.
( Anjana Prakash, J. )
Narendra/