Patna High CourtCR. MISC./45337/2017bail granted

Md. Mister v. The State Of Bihar

2017-09-20Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45337 of 2017 Arising Out of PS.Case No. -391 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Mister, S/o Md. Mokhtar, resident of Village- Karaila, P.S.- Piar, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Diwakar Prasad Karn, Advocate For the Opposite Party : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence under section 401 IPC and under sections 25(1-b)a/26/35 of the Arms Act.

Counsel for the petitioner submits that the petitioner was arrested by the police on secret information and a Ganja Chilam was recovered from him. Prior to the instant case, one another case, detailed in paragraph 3 of the petition, is pending against him in which he is already on bail and he is in custody since 13.6.2017.

In view of the aforesaid submissions, let the petitioner as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur town Police Station Case No. 391 of 2017, on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.45337 of 2017 (2) dt.20-09-2017 2/2 he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) 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.

(c) 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.

(Madhuresh Prasad, J) Shashi.

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