High Court Patna High Court - Orders

Sandeep Kumar vs State Of Bihar on 12 July, 2010

Patna High Court – Orders
Sandeep Kumar vs State Of Bihar on 12 July, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.20007 of 2010
               SANDEEP KUMAR, S/o Surendra Prasad.
                              Versus
                       THE STATE OF BIHAR
                             -----------

03. 12.07.2010 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.

Considering that for recovery of one country-

made pistol and eight live cartridges the petitioner

has remained in custody since 08.02.2010 and the

petitioner’s father undertakes responsibility of

petitioner’s conduct who is a young boy after his

release from jail 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 to the satisfaction of Additional

Chief Judicial Magistrate, Danapur in connection

with Danapur P.S. Case No. 34 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 father

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 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. (v) 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.

(Anjana Prakash, J.)
Vikash/-