IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31293 of 2011 Rajesh Ram, son of Ramlagan Ram Versus The State Of Bihar ----------- 2. 22.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that three accused persons were arrested in a case of kidnapping who disclosed that the kidnapped person was kept in the house of Guddu Ram and Ramanand Ram and the victim was recovered from there and the accused persons arrested who, disclosed the name of the petitioner as one of the miscreants. It has been submitted that two cases have been filed for the same occurrence, one for recovery of Arms from the possession of the co-accused and the other for the case of kidnapping of Salim Ansari and in the case of kidnapping, the petitioner has been acquitted by the Court below. Considering that no Arms were recovered from the possession of the petitioner and that there is only one other Complaint case pending against the petitioner, 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 2 each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Kudra P.S. Case No. 193 of 2009 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 the other shall be the father of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner (ii)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 (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. (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. In view of nature of allegation against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Bhabua (Kaimur) within fifteen days of his release with a copy of this order and thereafter every two 3 weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police, Bhabua (Kaimur) and if it is found wanting in any manner, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After report to the Superintendent of Police, Bhabua (Kaimur) a certificate will be filed by the petitioner before the court concerned. The fact that the petitioner is an accused in only one other Complaint case presently, will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)