IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17399 of 2010 KANHAIYA @ KANHAIYA PRASAD S/O SRI JOGENDRA PRASAD Versus THE STATE OF BIHAR ----------- 3. 6.8.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 489C, 402 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act as well as 21 of the N.D.P.S. Act. The petitioner was refused bail earlier by an order dated 18.12.2009 vide Cr.Misc.No.33764 of 2009 but the prayer for bail has been renewed on the ground that the petitioner is in custody since 13.4.2009. The prosecution case is that four persons were nabbed in a certain room belonging to one Ranjeet Singh with arms and other incriminating articles, they disclosed that one Kanhaiya Prasad Shrivastava, whose parentage they did not know, was also involved in this occurrence. Much later the said Kanhaiya Prasad Shrivastava was traced to be the petitioner. The submission is that there has been no recovery from the possession of the petitioner and he has no criminal antecedents. In view of such, 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 to the satisfaction of Special Judge, Motihari, East Champaran in N.D.P.S.case No.96 of 2007 arising out of Raxaul (Haraiya) - 2 - P.S.case No.98 of 2005, subject to the conditions (i) That one of the bailors shall be the brother/wife of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor 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 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 and (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 no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )