Santosh Singh vs The State Of Bihar on 12 July, 2010

Patna High Court – Orders
Santosh Singh vs The State Of Bihar on 12 July, 2010
                              Cr.Misc. No.22523 of 2010
                          SANTOSH SINGH, SON OF AJIT SINGH
                                 THE STATE OF BIHAR

2. 12.07.2010 Heard learned counsel for the petitioner and the


The petitioner seeks bail in a case instituted for the

offence under Sections 399, 402, 414 of the Indian Penal Code,

Sections 25 (1-B)a, 26 and 35 of the Arms Act.

It has been submitted that the petitioner was

arrested with allegedly stolen vehicle but, subsequently, charge

sheet was submitted only under the Provisions of the Arms Act

since allegedly a country made pistol and a cartridge were

recovered from his possession. Further submission is that the

petitioner has no criminal antecedents which fact will be verified

by the Magistrate before releasing the petitioner on bail.

In view of such, let the petitioner above named, who

is in custody since 13.2.2010, 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,

Sitamarhi, in Parsauni P.S. Case No. 13 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 the petitioner. The bailor

will undertake to furnish information to the court about any

change in address of the petitioner. (ii)That the affidavit shall

clearly state that the petitioner is not an 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.)

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