Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32446 of 2014 Arising out of P.S. Case No. -72 Year- 2001 Thana -HILSA District- NALANDA (BIHARSHARIFF) =================================================== Kamlesh Ram Son of Kapil Ram Resident of Village- Mirjapur, Police Station- Hilsa (Now Chiksaura), District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s: Mr. Amitesh Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

19.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 25(1)(a), 26(ii) and 35 of the Arms Act.

Considering that for recovery of arms from the house of the Petitioner who is in custody since 05.05.2014 undertakes to be physically present on each date of trial, let him 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 72 of 2001 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will

Patna High Court Cr.Misc. No.32446 of 2014 (3) dt.19-01-2015 give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the wife of the Petitioner. The bailor will also undertake to inform the Court if there is 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 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. (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.

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