Nilkanth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46519 of 2014 Arising Out of PS.Case No. -328 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ====================================================== Nilkanth Yadav, son of Kartik Yadav, resident of village- Bhaptiya, P.S.- Sourbazar, District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 30-01-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 25(1-b)a, 26 and 35 of the Arms Act. Considering that the Petitioner is in custody since 15.07.2014 and apart from one simple case of theft there is no other serious case pending against him, let the Petitioner, above named, be released on bail on furnishing bail bond of `5,000/- (Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Judicial Magistrate, Saharsa, in connection with Saur Bazar P.S. Case No.328 of 2014, 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

Patna High Court Cr.Misc. No.46519 of 2014 (3) dt.30-01-2015 2/2 petitioner and another bailor shall be father of the Petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, and (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.

(Anjana Prakash, J) JA/- U T