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Abhinandan Kumar v. The State Of Bihar

Patna HC16 Apr 2013CR. MISC./10781/2013

Case brief

AI extract

What is this about?

The Patna High Court granted provisional bail to the petitioner accused under the Arms Act. Bail was granted on ₹5,000 with specific conditions including appointment of sureties, attendance obligation, and reporting to a local temple priest as a condition for confirming bail.

What did the court decide?

Petitioner released on provisional bail of ₹5,000 with two sureties subject to conditions including reporting to a temple priest and appearing in court.

Abhinandan Kumar Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10781 of 2013 ====================================================== Abhinandan Kumar, S/O Birandeo Singh, Resident Of Village- Jatiyohi, Police Station- Raxaul, District- East Champaran .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Ranjan, Adv. For the State : Mr. R.B. Roy ‘Raman’, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 16-04-2013 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the

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offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

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Considering that no arms were recovered from the possession of the Petitioner who is in custody since 4.11.2012 having fair antecedents, 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 to be fixed by the Court below to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul at Motihari (East Champaran) in connection with Raxaul P.S. Case No. 290 of 2012 subject to the following 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 and

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Patna High Court Cr.Misc. No.10781 of 2013 (2) dt.16-04-2013

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the other shall be the uncle of the Petitioner namely, Jai Narayan Singh. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) 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. (iii) 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. (iv) 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. (v) 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 the nature of allegations to obviate further possibility of implication in other matters, learned counsel for the Petitioner submits that he has been implicated repeatedly at the instance of the local police, who is hostile to the Petitioner, and seeks protection of a person well reputed doing social service in

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Patna High Court Cr.Misc. No.10781 of 2013 (2) dt.16-04-2013

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the area. Under the circumstances, the petitioner is directed to appear before the Head Priest of any local Temple within Motihari Town, within fifteen days of his release from jail custody on provisional bail for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioner fails to file certificate about reporting to the Head Priest within two weeks of his release from jail custody, notice shall be sent to him for cancellation of bail. During the period of six months, the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest of any local Temple within Motihari Town and at the end of the six months, the petitioner will be required to file a certificate of his conduct in the court below granted 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 or else will issue notice for cancellation of bail.

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(Anjana Prakash, J)

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S.Ali

Abhinandan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Abhinandan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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