Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24679 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Jitendra Singh son of Paro Singh @ Parmanand Singh, resident of Village Saidpur, P.S.Mansi, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 25 (1-B) (a) of The Arms Act. Though, the petitioner is named in the first Information Report vide Annexure-1, as an accused, but taking into consideration the fact that the alleged recovery of fire arm was made in his absence from his house, where several other persons of his family are residing, and further taking into consideration the fact that the petitioner is the first offender, as asserted in paragraph 3 of the bail application and he is in judicial custody since 16.03.2016, let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S.Case No. 40 of 2016, subject to the following conditions that:

(A) one of the bailors must be a government servant or close family member or close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the

Patna High Court Cr.Misc. No.24679 of 2016 (2) dt.01-06-2016 2/2 petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail bonds of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned, and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Tahir/- U T