IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11532 of 2011 Tulsi Sah @ Tulsi Pd. Sah Versus The State Of Bihar ----------- 04. 10.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary of both the cases Belhar P.S. Case No. 149 of 2010 as well as Belhar P.S. Case No. 137 of 2004. The petitioner, is named accused in connection with Belhar P.S. Case No. 149 of 2010 for offences under sections 25(1A), 1(B)a, 26, 29, 35 of the Arms Act and Section 3/4/5 of the Explosive Substance Act, from whose house during police raid arms and ammunitions in huge quantity were recovered. Submission is that petitioner and his entire family under compelling circumstance and due to fear of extremists have already left the house and village after institution of Belhar P.S. Case No. 137 of 2004 relating to extremists attack on their house and burning of vehicle. The petitioner further reside with family at Lalmatiya, Jharkhand. Learned Additional Public Prosecutor on going through the case diary of both the cases could 2 not be able to refute such submissions. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka, in connection with Belhar P.S. Case No. 149/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for three years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/ ( Akhilesh Chandra, J.)