High Court Patna High Court - Orders

Udhari Paswan &Amp; Anr vs The State Of Bihar on 10 August, 2010

Patna High Court – Orders
Udhari Paswan &Amp; Anr vs The State Of Bihar on 10 August, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.26654 of 2010
              1. UDHARI PASWAN, S/o Matukan Paswan.
                2. Upendra Paswan, S/o Jaipat Paswan.
                               Versus
                        THE STATE OF BIHAR
                              -----------

02. 10.08.2010 Heard learned counsel for the petitioners and

the State.

The petitioners seek bail in a case instituted

for the offences under Sections 25(1-B) A, 26 and 35

of the Arms Act.

Considering that the pistols were recovered

from under the bed and not from the conscious

possession of the petitioners and they are in custody

since 09.03.2010 and have no criminal antecedents,

let the petitioners, above named be released on bail

on furnishing bail bonds of Rs. 5,000/- (Five

Thousand) each with two sureties of the like amount

each to the satisfaction of concerned Judicial

Magistrate, 1st Class, Bhojpur, Ara in connection with

Udwant Nagar P.S. Case No. 52 of 2010 (Tr. No. 4303

of 2010) subject to the following conditions:- (i) That

one of the bailors 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
2

will also undertake to inform the Court if there is any

change in the address of the petitioners. (ii) That the

affidavit shall clearly state that the petitioners are not

accused in any other case and if they are they shall

not be released on bail. (iii) 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. (iv) That 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. (v) 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.)
Vikash/-