Bahadur Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18096 of 2015 Arising out of P.S. Case No. -299 Year- 2013 Thana - KHARAGPUR District- MUNGER =================================================== Bahadur Kora, Son of Late Chutter Kora, Resident of VillageNaya Bhagel, Police Station-Kharagpur, District-Munger. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Adv. For the Opposite Party/s: Mr. Md.Ansarul Haque Sahara(APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

16.03.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 25(1-AA)/(1-AAA)/26(2)/35 of the Arms Act and Sections 16, 18, 20 and 23 of the U.A.P. Act.

Considering that the Petitioner is in custody from two and half years and now charges have been framed as also his son undertakes his responsibility as well as he undertakes to be physically present on each date of trial, 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 Special Court-cum-Sessions Judge, Munger in

Patna High Court Cr.Misc. No.18096 of 2015 (3) dt.16-03-2016 connection with G.R. No. 2420 of 2013 arising out of Kharagpur P.S. Case No. 299 of 2013 subject to the following 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 and the other bailor shall be the son of the Petitioner namely Bideo Kora. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail.

(iii) 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. (iv) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

Vikash/- (Anjana Prakash, J.) U T