Uday Paswan vs. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20637 of 2010 UDAY PASWAN son of Hiralal @ Mangal Paswan Versus STATE OF BIHAR

2/ 17.06.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under sections 25(1-b)A,26,27 and 35 of the Arms Act.

Considering that the petitioner is in custody since 3.11.2009 for recovery of one country made pistol and a cartridge, 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 to the satisfaction of the Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No.170 of 2009, subject to the 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall also state on affidavit that they 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, and (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.

In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Munger, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.