IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24040 of 2010
NANDLAL YADAV, S/o Late Laxmi Yadav.
Versus
THE STATE OF BIHAR
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03. 14.09.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Section 25(1-B) A of the Arms
Act.
By order dated 16.04.2010 vide Cr. Misc. No.
11275 of 2010 the petitioner was allowed bail but on
the submission that he is accused in only one other
case whereas he was accused in three cases.
However, considering the period of custody,
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 as fixed by the Court to the satisfaction
of Sri Gaurav Anand, Judicial Magistrate, 1st Class,
Saharsa (or his successor) in connection with
Bakhtiyarpur P.S. Case No. 5 of 2010 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
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the petitioner and the other bailor shall be the wife of
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 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.
In view of the antecedents of the petitioner,
the petitioner is directed to appear before the Supdt.
of Police, Saharsa within fifteen days of his release
with a copy of this order and thereafter every two
weeks for the next nine months. The conduct of the
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petitioner will be kept under watch in this period by
the S.P. concerned and if it is found wanting in any
respect, a report shall be made to the court concerned
by him to initiate a proceeding for cancellation of bail
for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by
the petitioner before the court concerned.
The petitioner shall also deposit a sum of Rs.
500/- in the District Legal Aid Committee before being
released on bail.
(Anjana Prakash, J.)
Vikash/-