IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26498 of 2011 Vijoy Yadav, S/o Rijhan Yadav. Versus The State of Bihar --------------- 02. 11.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 121A, 122 and 124A/34 of the Indian Penal Code and Sections 25(1-B)A, 25(1)(1- A)/25/35/34 of Arms Act and 10/3 U/A P.A. Act. It has been submitted that the petitioner is in custody since 09.03.2011 for recovery of 10 cartridges and the further submission is that no charge-sheet has been submitted and resultantly no cognizance has been taken by the Court below. The next submission is that the petitioner has fair antecedents. Considering the same, 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 as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P.S. Case No. 45 of 2011 subject to the following conditions:- (i) That one of the bailors will be local since the petitioner belongs to Jamui and the other bailor shall be the brother-in-law of the 2 petitioner namely Pradeep Kumar. 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. The fact that the petitioner has fair antecedents will be verified by the Magistrate concerned by calling report from the S.P. Jamui before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)