IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24870 of 2011
Krishnadeo Singh, S/o Sri Mangal Singh.
Versus
The State of Bihar
with
Criminal Miscellaneous No.25216 of 2011
Baikunth Singh, S/o Late Dharmdeo Singh.
Versus
The State of Bihar
----------------
02. 03.08.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Section 414 of the Indian Penal Code,
Sections 25 (1-B), 26 and 35 of the Arms Act.
It has been submitted that the petitioners were
arrested on suspicion after they were chased by the police
party and from the possession of the petitioner,
Krishnadeo Singh a loaded country-made pistol and six
cartridges whereas the petitioner, Baikunth Singh a police
dress was recovered and they are in custody since
13.04.2011. The specific assertion is that the petitioner,
Krishnadeo Singh is accused in only one other case
whereas the petitioner, Baikunth Singh has fair
antecedents. This fact shall be verified by the Magistrate
concerned before releasing the petitioners on bail.
Considering the same, let the petitioners, above
named be released on bail on furnishing bail bonds of Rs.
5,000/- (Five Thousand) with two sureties of the like
2
amount each or any other surety as fixed by the Court to
the satisfaction of Chief Judicial Magistrate, Aurangabad
in connection with Kutumba P.S. Case No. 30 of 2011
subject to the following 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 and the other bailor shall be the
father/brother/mother/son of the petitioners. The bailor
will also undertake to inform the Court if there is any
change in the address of the petitioners. (ii) 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. (iii) 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. (iv) 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.
(Anjana Prakash, J.)
Vikash/-