IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12472 of 2010 JAGARNATH SAH & ANR Versus STATE OF BIHAR ----------- 2 23/4/2010 Heard learned counsel for the petitioners and the State. The petitioners have applied for bail in connection with Ghorasahan P.S. Case no.149 of 2009 instituted for the offence under sections 121(A), 223/34 of the Indian Penal Code, 17 of the Criminal Law Amendment Act and 25(1-B)A, 26 & 35 of the Arms Act. The petitioners were arrested on suspicion but no fire arms were recovered from their possession. The only recovery from them was naxal literature. They are in jail custody since 7.10.2009. In view of such, let petitioners Jagarnath Sah and Dahari Sah alias Dhari Sah be released on bail on furnishing bail bond of Rs.5000/- each with two sureties of the like amount each to the satisfaction of the Sub- Divisional Judicial Magistrate, Sikrahana at Motihari in Ghorasahan P.S. Case no.149 of 2009, subject to the conditions (1) that one of the bailors will be a close relative 2 of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the court if there is any change in the address of the petitioners, (2) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are 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, (3) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (5) the petitioners are directed to be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled, (6) In view of the nature of the offence, the petitioners are directed to appear before the Superintendent of Police, Motihari within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the 3 Superintendent of Police concerned and if it is found wanting in any respect, 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 reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Neyaz/ ( Anjana Prakash. J.)