IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19861 of 2010
MUKESH RAM @ MUKESH RAI @ PRAWEEN JI,
S/o Lal Bihari Ram.
Versus
THE STATE OF BIHAR
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02. 23.06.2010 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, Section 17 of C.L.A. Act and Section 5 of
Explosive Substance Act.
It has been submitted that the petitioner is not
named in the First Information Report nor has any
recovery been made from his possession but later on co-
accused named the petitioner as one of the persons
involved in the present occurrence.
In view of such, let the petitioner, above named
who is in custody since 15.12.2009 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
Chief Judicial Magistrate, East Champaran at Motihari in
connection with Patahi P.S. Case No. 85 of 2005 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
and the other bailor shall be the father/wife of the
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petitioner. The Magistrate is directed to insist upon proper
identification of the bailors as well as the petitioner so that
there is no confusion about the petitioner’s identity at the
later stage. The bailor will also undertake to inform the
Court if there is any change in the 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 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 Magistrate concerned is directed to
immediately commit the case of the petitioner to the Court
of Sessions so that his trial can proceed along with S.Tr.
No. 166 of 2010 pending before Additional Sessions Judge,
F.T.C.-II, Motihari.
(Anjana Prakash, J.)
Vikash/-