IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21583 of 2010
SAMIR @ PAPPU KHAN, S/o Late Md. Shafi.
Versus
THE STATE OF BIHAR
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02. 01.07.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 399 and 402 of the
Indian Penal Code and Sections 25(1-B) A, 26 and 35
of the Arms Act.
It has been submitted that the petitioner was
apprehended along with other co-accused persons
and even though fire arms were recovered from the
possession of the other co-accused, no incriminating
article was recovered from his possession which
would warrant a prosecution under the Arms Act.
In view of such, let the petitioner, above
named who is in custody since 22.03.2010 and has
no criminal antecedent 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, Ara in
connection with Ara Nawadah P.S. Case No. 127 of
2010 subject to the following conditions:- (i) That one
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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 also
undertake to inform the Court if there is any change
in the address of the petitioner. (ii) That the affidavit
shall clearly state that the petitioner is not accused in
any other case and if he is he shall not be released on
bail. (iii) 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. (iv) 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.
(Anjana Prakash, J.)
Vikash/-