IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22523 of 2010
SANTOSH SINGH, SON OF AJIT SINGH
Versus
THE STATE OF BIHAR
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2. 12.07.2010 Heard learned counsel for the petitioner and the
State.
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
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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.)
S.Ali