Prabhu Mukhiya vs The State Of Bihar on 4 May, 2010

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Patna High Court - Orders

Prabhu Mukhiya vs The State Of Bihar on 4 May, 2010

Bench: Anjana Prakash

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.13502 of 2010
                        PRABHU MUKHIYA SON OF DHRUP MUKHIYA
                                            Versus
                                  THE STATE OF BIHAR
                                          -----------

2.   4.5.2010

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.

By an order dated 22.2.2010 the petitioner was allowed bail on condition that he would give an affidavit that he is not an accused in any other case besides the present one, but the petitioner is an accused in the connected case i.e. Srinagar (Pujaha) P.S.case No.56 of 2009 instituted for the offences u/ss.379 and 411/34 I.P.C. and there is no other case pending against him.

In view of such, let the petitioner above named, who is in custody since 18.8.2009, 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 B.K. Pathak, Judicial Magistrate, Ist class, Bettiah (West Champaran) in Tr.No.1264 of 2010 arising out of Srinagar (Pujha) P.S.case No.55 of 2009, subject to the conditions (i) That one of the bailors 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 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 -2- 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 and (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.

( Anjana Prakash, J. ) Narendra/

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Patna High Court - Orders