IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26028 of 2010 VIKRAM KUMAR Versus STATE OF BIHAR ----------- 2 03.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Patrakar Nagar P.S. No. 40 of 2010 for offences punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act. The allegation against this petitioner is of planning to commit dacoity in association with other accused persons and recovery of a country made pistol and cartridge from his possession. Learned counsel for the petitioner submits that in similar circumstances two co- accused persons have been granted bail by a Bench of this Court in Cr.Misc. No. 21714 of 2010 vide order passed on 2.7.2010. Having regard to the circumstances and the submissions of learned counsel, let the petitioner namely, Vikram Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the 2 satisfaction of learned Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. case No. 40 of 2010 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 the other bailor shall be the mother of the petitioner. The bailors will undertake to furnish information to the court about 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 shall 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 misuses, (iv) That the petitioner will give an undertaking that he will 3 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 and trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Bibhash ( Jyoti Saran, J.)