IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9485 of 2010
SHASHI KUMAR CHANDRAWANSHI SON OF PRADUMAN SINGH
Versus
STATE OF BIHAR
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4. 22.6.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 25(1-B)A/26/35 of the Arms Act.
The prosecution case is that when the car, in which the
petitioner was one of the six occupants, was intercepted, they were
searched and from the possession of some of the accused persons
arms were recovered. However, from the possession of the
petitioner no arms were recovered and, therefore, the submission
is that in the present case no offence whatsoever is made out
against the petitioner. It has also been explained that in the case of
kidnapping which was the reason for the vehicle’s interception the
petitioner has already been refused bail by this court.
In view of such, let the petitioner above named, who is
in custody since 13.8.2009, 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 Sri Vikash Singh, Judicial
Magistrate Ist class, Aurangabad in Dhibra P.S.case No.12 of
2009, subject to the conditions (i) That one of the bailors shall be
the brother of the petitioner and the other bailor 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 the address
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of the petitioner, (ii) 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, (iii) 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 and (iv) 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.
In view of nature of allegations against the petitioner,
the petitioner is directed to appear before the Superintendent of
Police, Aurangabad within fifteen days of his release with a copy of
this order and thereafter every two weeks for the next nine months.
The conduct of the petitioner will be kept under watch in this period
by the S.P. concerned and if it is found wanting in any manner a
report shall be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a certificate will be
filed by the petitioner before the court concerned.
Narendra/ ( Anjana Prakash, J. )