Allowed

Santosh Kumar @ Santosh Mahato v. The State Of Bihar

Patna HC17 Jan 2013CR. MISC./751/2013

Case brief

AI extract

What is this about?

Single judge order granting bail to petitioner in Arms Act case despite pending Excise Act case, subject to four conditions regarding bailors, address notification, police paper receipt, and court attendance.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.5,000 with two sureties (one to be father and close relative) subject to specific conditions regarding attendance and notification of address chang

Santosh Kumar @ Santosh Mahato Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.751 of 2013

¶2

====================================================== Santosh Kumar @ Santosh Mahato, son of Shiv Nath Mahato, r/o villageNewaji Tola, Bindtolia, P.S.-Revilganj, District- Saran (Chapra) .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 3/ 17-01-2013 Heard learned counsel for the Petitioner and the State.

¶3

The Petitioner seeks bail in a case instituted for the

¶4

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

¶5

Considering that no arms were recovered from the possession of the Petitioner and there is only one case of Excise Act pending against him, 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 or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Nagar P.S. Case No.277 of 2012, 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 and another bailor shall be the father of the Petitioner. The bailors will undertake to furnish information to the

¶6

Patna High Court Cr.Misc. No.751 of 2013 (3) dt.17-01-2013

¶7

2 / 2

¶8

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.

¶9

The fact that there is only one case of Excise Act pending against the Petitioner shall be verified by the Magistrate before releasing the Petitioner on bail.

¶10

JA/-

¶11

(Anjana Prakash, J)

Santosh Kumar @ Santosh Mahato v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar @ Santosh Mahato v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rakesh Yadav Vs The State Of Bihar

Md. Sabir Vs The State Of Bihar

Ali Hasan Ansari @ Majjali Ansari @ Ali Hasan Mian Vs The State Of Bihar

Ram Babu Yadav and Ors. Vs The State Of Bihar

Surendra Kahar and Anr. Vs The State Of Bihar

Hardeo Mandal and Anr. Vs The State Of Bihar