Allowed

Ajay Rai v. The State Of Bihar

Patna HC11 Apr 2013CR. MISC./10247/2013

Case brief

AI extract

What is this about?

The Patna High Court granted provisional bail to the petitioner in a case under the Arms Act, subject to conditions including appointing specific bailors, attending temple activities under a priest, and filing certificates of conduct.

What did the court decide?

Petitioner granted provisional bail on Rs.5,000 bond with two sureties, subject to conditions including appearance before Head Priest and filing interest certificates.

Ajay Rai Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.10247 of 2013 ====================================================== 1. Ajay Rai S/o. Sri Inner Rai, R/o. Village - Bakhari, P.S. - Gayghat, Distt. - Muzaffarpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

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3 11-04-2013 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offences under Sections 25(1-B)A, 26 & 35 of the Arms Act.
Considering that the petitioner is in custody since
09.09.2012 for recovery of arms and has fair antecedent and also
his cousin Dinesh Rai undertakes his responsibility, let the
petitioner above named be released on provisional 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 Chief Judicial Magistrate, Muzaffarpur
in connection with Pear P.S. Case No. 121 of 2012 subject to the
following conditions:-
A. 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 and the other bailor shall be the

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Patna High Court Cr.Misc. No.10247 of 2013 (3) dt.11-04-2013

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cousin of the Petitioner namely, Dinesh Rai. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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B. That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail.

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C. 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.

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D. 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.

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E. 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.

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In order to obviate further possibility of implication in other criminal matters, the petitioner is directed to appear before the Head Priest of Local Temple, Muzaffarpur within fifteen days

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Patna High Court Cr.Misc. No.10247 of 2013 (3) dt.11-04-2013

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of his release and file a certificate about the same in the Court. On filing of the certificate the petitioner will be granted provisional bail for a period of six months. In case, the petitioner does not file a certificate about his reporting to the Head Priest within two weeks of his release from jail custody, he shall be noticed cancellation of bail. During six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Local Temple, Muzaffarpur and at the end of the six months, he will file a certificate of his conduct in the court below issued by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner and in case it is not, the petitioner will be taken in custody.

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(Anjana Prakash, J)

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Mkr./-

Ajay Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Rai v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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