High Court Patna High Court - Orders

Md.Ejaz vs State Of Bihar on 28 September, 2010

Patna High Court – Orders
Md.Ejaz vs State Of Bihar on 28 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.3173 of 2010
                            MD. EJAZ, SON OF MD. SAMSUDDIN
                                           Versus
                                   STATE OF BIHAR
                                         -----------

7. 28.09.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for the

offence under Sections 25(1-B)A, 26 and 35 of the Arms Act.

It has been submitted that when some miscreants

were sought to be arrested in a case of moving with Arms, the

miscreants ran away leaving behind two motorcycles, one of

which allegedly belonged to the son of the petitioner.

Considering that the petitioner was not arrested at

the spot and he is in custody since 18.8.2009, 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 or any other surety to be fixed by the court concerned to

the satisfaction of Sri Shivchand, Judicial Magistrate, 1st Class,

Munger, in Jamalpur P.S. Case No. 130 of 2003 (G.R. No. 1282

of 2003) subject to the following 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. The bailor will undertake to furnish information to the

Court about any change in address of the petitioner. (ii)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
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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. (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.

The fact that the petitioner is not an accused in any

other case of similar nature shall be verified by the Magistrate

before releasing the petitioner on bail. In case any petition has

been filed for release of the alleged vehicle on behalf of the

petitioner, the same shall be rejected since the plea has been

taken that the vehicle does not belong to the petitioner or his

son.

( Anjana Prakash, J.)
S.Ali