IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16592 of 2010 MADHO BHARATI Versus THE STATE OF BIHAR ----------- 02/ 11.05.2010 Heard learned counsels for the petitioner and the State. This is the second attempt of the petitioner. The petitioner is an accused in a case arising from Jadopur P.S. Case No. 4 of 2009 for offences punishable under Sections 25(1- A), 25(1AA), 25(1-b) (A) and 35 of the Arms Act. The Officer-In-Charge of Jadopur Police Station is the informant of the case and who has alleged that upon getting information that certain members of a group belonging to the deceased Ajay Rai had assembled in the house of the petitioner, the Police raided the house. The persons assembled there tried to escape but were chased and the petitioner was caught. It is alleged that upon his search, a regular loaded rifle of .315 Bore was recovered from his possession and one A.K. 56 rifle, 20 live cartridges in its magazines, 74 live cartridges of A.K. 56 rifle kept in black colour bag together with Nokia mobile were recovered from his house. Learned counsel for the petitioner submits that even if the allegation is taken on the face value except for a recovery of a loaded rifle of .315, nothing else was recovered from the conscious possession of the petitioner. He submits that the recovery from the house of the petitioner is a fabricated story. He further submits that the petitioner has a clean antecedent and is not involved in any other criminal case. It is submitted that the petitioner is in custody since - 2 - 01.02.2009. In these circumstances, the prayer for bail has been renewed. Having regard to the submissions aforesaid, let the petitioner Madho Bharati be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand), with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge I, Gopalganj in connection with Sessions Trial No. 476 of 2009 arising out of Jadopur P.S. Case No. 4/09 subject to the following conditions: (a) One of the bailor would be a close relative of the petitioner who would also indicate his relationship with the petitioner; (b) An affidavit regarding clear antecedent would be filed on behalf of the petitioner and which shall be verified from the Superintendent of Police, Gopalganj before the release of the petitioner. In case the statement of the petitioner of having a clean antecedent is found false, the petitioner would not be released; and (c) Upon release, the petitioner shall present himself on each date fixed in the trial and if he absents himself on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial court, the trial court would be at liberty to initiate proceedings for cancellation of the bail bonds and for taking him into custody. S.Sb/- (Jyoti Saran, J.)