High Court Patna High Court - Orders

Shankar Kewat vs State Of Bihar on 7 October, 2010

Patna High Court – Orders
Shankar Kewat vs State Of Bihar on 7 October, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.33864 of 2010
                  SHANKAR KEWAT, S/o Motilal Kewat.
                                Versus
                         THE STATE OF BIHAR
                               -----------

02. 07.10.2010 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 353 and 307/34 of the Indian

Penal Code and Sections 25(1-B) A, 26, 27 and 35 of the

Arms Act.

It has been submitted that none of the

prosecution members were hurt in the transaction and

the petitioner is in custody since 05.05.2010 and has fair

antecedent.

Considering the same, 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 or any other surety as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Nalanda at

Biharsharif in connection with Deep Nagar P.S. Case No.

87 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 and the other bailor shall be

the brother-in-law (Bahnoi) of the petitioner. The bailor

will also undertake to inform the Court if there is any
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change in the 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.)
Vikash/-