High Court Patna High Court - Orders

Sachendra Kumar @ Satyendra Kumar vs The State Of Bihar on 1 August, 2011

Patna High Court – Orders
Sachendra Kumar @ Satyendra Kumar vs The State Of Bihar on 1 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.23335 of 2011
                  Sachendra Kumar @ Satyendra Kumar, Son of Ramdeo Yadav
                                               Versus
                                        The State Of Bihar
                                                 with
                                   Cr.Misc. No.23446 of 2011
                            Bittu Kumar Son of Kusheshwar Prasad Yadav
                                               Versus
                                        The State Of Bihar
                                             -----------

2. 01.08.2011 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the

offence under Section 414 of the Indian Penal Code and under

Sections 25(1-B) A, 26 of the Arms Act.

Considering that for recovery of two cartridges and

one loaded pistol respectively, the petitioners have remained in

custody since 05.02.2011 and having fair antecedent, let the

petitioners, above named be released on bail on furnishing bail

bonds of Rs. 5,000/- (five thousand) each with two sureties of

the like amount each or any other sureties to be fixed by the

court below to the satisfaction of the Chief Judicial Magistrate,

Saharsa in connection with Saharsa Sadar P.S. Case No. 52 of

2011 subject to the conditions (i) That one of the bailors will be

a close relative i.e. brother/father/mother of the petitioner, and

another bailors shall be local in nature. The bailors will

undertake to furnish information to the court about any change

in the address of the petitioner, (ii) That the affidavit shall

clearly state that the petitioners are not an accused in any other

case and, if they are, they shall not be released on bail, (iii) That
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the bailors shall also state on affidavit that they will inform the

court concerned if the petitioners are 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 petitioners will give an undertaking that they will

receive the police papers on the given date and be present on

date fixed for charge and if they fail to do so on two given dates

and delay the trial in any manner, their bail will be liable to be

cancelled for reasons of misuse, and (v) That the petitioners will

be well represented on each date and if they fail to do so on two

consecutive dates, their bail will be liable to be canceled.

Md. Ibrarul                                       ( Anjana Prakash, J.)