Section 70 in Criminal Court Rules of the High Court of Judicature at Patna
70.
(a)When a Magistrate passes an order to give security under [Section 122] [Substituted by C. S. No. 36.], Criminal Procedure Code, for a period exceeding one year and such security is not given on or before the date on which the period for which such security is to be given commences, he should commit the person against whom the order is made to prison, until the orders of the superior Court are received making the necessary modification in [Form no. 15 or 16 Schedule II] [Substituted by C. S. No. 36.], Criminal Procedure Code. When he receives the order of the superior Courts, he should, if the order is one to detain the person in Jail, issue a revised warrant in the terms of that order. The warrant will not, in such a case, be issued by the superior Court but by the Magistrate before whom the proceedings were instituted.(b)Where a superior Court, on a reference being made to it under [section 122 (2)] [Substituted by C. S. No. 36.], Criminal Procedure Code, directs release of the person detained, the warrant for release shall, as in the case of an appeal, be issued by the superior Court in [Form no. 17 of Schedule II] [Substituted by C. S. No. 36.] Criminal Procedure Code. [Form no. (M)44, Volume II.]
