IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12880 of 2010 1. SONU JHA @ RAKESH JHA SON OF LATE SHAMBHU JHA ALIAS RAM SAGAR JHA 2. SOHAN YADAV SON OF LATE BHOLA YADAV Versus STATE OF BIHAR -----------
3. 23.6.2010 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for the
offence under Sections 25(1-B)a/26 of the Arms Act.
Considering that the petitioners are in custody since
12.9.2009 for having been found in possession of one country
made loaded pistol with cartridges, let the petitioners above named
be released on bail on furnishing bail bond of Rs.5,000/- (Five
thousand) each with two sureties of the like amount each to the
satisfaction of Sub Divisional Judicial Magistrate, Khagaria in
Gangaur (Khagaria) P.S.case No.379 of 2009, subject to the
conditions (i) That one of the bailors shall be the mother of the
petitioners and the other bailor will be a close relative of the
petitioners who will give an affidavit giving genealogy as to how he
is related with the petitioners. The bailor will undertake to furnish
information to the court about any change in the address of the
petitioners, (ii) that the bailor shall also state on affidavit that he will
inform the court concerned if the petitioners are implicated in any
other case of similar nature after their 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
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the petitioners will give an undertaking that they will receive the
police papers on the given date and be present on date fixed for
charge and if they fail to do so on two given dates and delays the
trial in any manner, their bail will be liable to be cancelled for
reasons of misuse and (iv) that the petitioners will be well
represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
( Anjana Prakash, J. )
Narendra/