IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21898 of 2010 1. GANESH DOM son of late Kachhari Dom 2. Raju Dom S/o- Bajrangi Dom Both resident of Musallahpur, Hat, P.S.-Sultanganj District-Patna. Versus STATE OF BIHAR ----------- 2 29.06.2010 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Kadamkuan P.S. No. 137 of 2010 for offences punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25A,(1- B), 26 and 35 of the Arms Act and Sections 3 and 5 of the Explosive Substance Act. Learned counsel for the petitioners with reference to the allegation set out in the F.I.R. submits that the petitioners were apprehended on mere suspension and that no recovery of any incriminating articles or any firearm was made from them. Learned counsel with reference to the seizure list placed at Annexure-2 submits that the name of the co- accused from whose possession firearms were recovered, have been specifically mentioned therein and the names of these two petitioners - 2 - are manifestly absent therefrom. He further submits that the petitioners have clean antecedent and have never been involved in any criminal case. Taking into consideration the circumstances and the submissions of learned counsel for the petitioners, let the above named petitioners be released on bail upon each of them furnishing individual bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. No. 137 of 2010 subject to the following conditions:- (1) That the one of the bailors would be close relative of the respective petitioners and who would indicate his relationship with the concerned petitioners. (2) The said bailor would be under duty to inform the Court below in case either of the petitioners get named or found involved in any other criminal - 3 - case of similar nature after his release and whereupon the Court below would be at liberty to cancel the bail bonds of the concerned petitioners on grounds of misuse. Bibhash (Jyoti Saran, J.)