IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26826 of 2010
UPENDRA YADAV, S/o Shri Bhagwan Yadav.
Versus
THE STATE OF BIHAR
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02. 26.08.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offences under Sections 25(1-B)A, 26 and 35
of the Arms Act.
It has been submitted that the petitioner is
in custody since 25.08.2009 for recovery of one
country-made loaded pistol and two live cartridges
and now petitioner’s brother undertakes
responsibility for the petitioner’s conduct after his
release from jail custody.
In view of such, 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 Sri R.K. Singh, Judicial
Magistrate, 1st Class, Buxar (or his successor) in
connection with Dumraon P.S. Case No. 144 of 2009
subject to the following conditions:- (i) That one of the
bailors will be a close relative of the petitioner who
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will give an affidavit giving genealogy as to how he is
related with the petitioner and the other bailor shall
be the brother of the petitioner. The bailor will also
undertake to inform the Court if there is any change
in the address 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. (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 the antecedents of the petitioner,
the petitioner is directed to appear before the Supdt.
of Police, Buxar within fifteen days of his release with
a copy of this order and thereafter every two weeks for
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the next one year. 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 respect, 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.
(Anjana Prakash, J.)
Vikash/-