IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21825 of 2010
MAHENDRA YADAV, S/o Late Ghamandi Yadav.
Versus
THE STATE OF BIHAR
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02. 05.07.2010 A supplementary-affidavit has been filed be
kept on record.
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, 26 and 35
of the Arms Act.
It has been submitted that the petitioner was
suspected to have thrown his arms while he was
fleeing away but there has been recovery from his
possession and he is in custody since 26.04.2010 and
has no criminal antecedent of similar nature of
offence.
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 Additional
Chief Judicial Magistrate, Hilsa in connection with
Hilsa P.S. Case No. 53 of 2010 subject to the following
conditions:- (i) That one of the bailors will be a close
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relative of the petitioner who will give an affidavit
giving genealogy as to how he is related with the
petitioner. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) That the affidavit shall clearly state that
the petitioner is not accused in any other case of Arms
Act and if he is he shall not be released on bail. (iii)
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. (iv) 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.
(Anjana Prakash, J.)
Vikash/-