IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.31394 of 2011
Pintu Patel son of late Chini Singh Patel
Versus
The State Of Bihar
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2/ 22.09.2011 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 345 of the Arms Act.
Considering that the petitioner is in custody since
16.03.2011 for recovery of arms and for the alleged recovery of
stolen motor cycle a separate case has been instituted, 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 below to the
satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in
connection with Mohania P.S. Case No.76 of 2011, subject to the
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 another bailor shall be Munna
Singh, brother of the petitioner. The bailors will undertake to furnish
information to the court about any change in the address of the
petitioner, (ii) That the bailors shall also state on affidavit that they
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
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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,
and (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 Superintendent of Police,
Bhabua, within fifteen days of his release with a copy of this order
and every two weeks thereafter for the next nine months. The
conduct of the petitioner will be kept under watch in this period by
the Superintendent of Police 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 Magistrate is directed to consider amalgamation of
the present case with the connected case for recovery of motorcycle
since both the cases arise out of the same occurrence.
JA/- (Anjana Prakash,J.)