IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37810 of 2009 1. BALE MAHTO S/O LATE JABUN MAHTO @ RUPLAL MAHTON VILL. LILLAH GHAT, P.S. FALKA, DISTT. KATIHAR. Versus 1. THE STATE OF BIHAR. ----------- 03. 16.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code as well as Sections 25 (1-B) A, 27 and 35 of the Arms Act. Taking into consideration the fact that the petitioner’s name was disclosed on the statement of the co-accused who had been caught at the spot but there has been no recovery from possession of the petitioner and in the impugned order the paragraph six showing that there was recovery of double barrel gun and 55 cartridges from the petitioner is not credible, let the petitioner above named against whom there is only one other case pending be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 106 of 2006 (S.O.S.) 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 - 2 - genealogy as to how he is related with 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. The Magistrate concerned before releasing the petitioner on bail will verify the fact that the petitioner is accused in only one other besides the present one and if it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)