Ved Prakash Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1401 of 2015 Arising Out of PS.Case No. -524 Year- 2014 Thana -BUXAR District- BUXAR ======================================================

1. Ved Prakash Mishra, S/o Shardha Nand Mishra, R/o Mohalla - Civil Lines, Buxar, P.S. - Buxar Town, District - Buxar,

2. Karan Singh, S/o Jai Ram Singh, R/o Civil Lines, Buxar, P.S. - Buxar Town, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Roy 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 16-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 25(1-B) A, 26(2) and 35 of the Arms Act. Considering that for recovery of arms the Petitioner has remained in custody since 17.11.2014 having fair antecedents and their father undertake their responsibility, let the Petitioners, above named, be released on bail on furnishing bail bond of `5,000/-(Five Thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar Town P.S. Case No.524 of 2014, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the

Patna High Court Cr.Misc. No.1401 of 2015 (2) dt.16-01-2015 2/2 petitioners and another bailor shall be the father of the Petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and, if they are, they shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T