IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46425 of 2009 GYANCHAND RAM SON OF LATE RAMADHARI RAM Versus STATE OF BIHAR ----------- 2. 12/01/2010 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 and 26 of the Arms Act. Taking into consideration the fact that for recovery of a country made pistol and two live cartridges from his house, the petitioner has remained in custody since 4.4.2009, 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 Chief Judicial Magistrate, Saran at Chapra in connection with Jalalpur P.S. Case No. 20 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. (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 2 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. The learned Sessions Judge, Saran, was wrong in saying that he is a servant of the Hon’ble Court and works under the Hon’ble Court and continues in this service on the mercy of the Court and he had no discretion to grant bail in a case when the accused had renewed his prayer for bail after rejection of his prayer earlier by a previous incumbent. The learned Sessions Judge, Saran, should not have such a feudal mentality since we all work on the mandate of the Constitution to further the course of justice and nobody is a servant in the scheme of things. Let this order be communicated to the learned Sessions Judge, Saran, at Chapra, through FAX at the cost of the State. S.Ali (Anjana Prakash, J.)