IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19770 of 2010 SASHI NATH PANDEY @ SASHI KANT PANDEY Versus STATE OF BIHAR ----------- 2. 16.6.2010. Heard learned counsel appearing on behalf of the petitioner and the State. Petitioner is in custody in connection with Kadamkuan P.S.Case No.110 of 2010 for the offence punishable under Sections 399/402, 414 of the Indian penal Code, section 25 (1-b) A, 26 and 35 of the Arms Act. Learned counsel for the petitioner, with reference to the statement of allegation as set out in the first information report, submits that no case under either of the sections is made out against the petitioner. He submits that the recovery of the motor-cycle was not made from the possession of the petitioner rather the motorcycle was recovered from the possession of one Pintu Paswan and this petitioner was standing near the motorcycle. He submits that the admitted position is that this petitioner was arrested from outside the hotel and that the allegation of planning for committing dacoity is not true. He further submits that the petitioner has clean antecedent and has never been involved in any criminal case and in 2 support whereof he has filed a supplementary affidavit. It is further submitted that the father of the petitioner was admitted in the Hospital of Dr. Akhileshwar Prasad for treatment near Nala Road when he was arrested. Having regard to the submissions aforesaid, let petitioner Shashi Nath Pandey alias Shashi Kant Pandey be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S.Case No.110 of 2010, subject to the following conditions, (a) that one of the family members of the petitioner would stand as bailors for the petitioner and who would also indicate his/her relationship with the petitioner, (b) that the petitioner would file an affidavit before the court below regarding his clean antecedent and which shall be verified and if the same is found false, learned court below would be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody, (c) that if the petitioner is found to be involved in any other case of same nature, the bailor would be 3 under duty to inform the said event to the court concerned entitling the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody, (d) that the petitioner would be attending the court below on each and every date fixed in the case and failure on his part to attend the proceedings on two consecutive dates fixed without reasonable explanation to the satisfaction of the court below, would confer liberty on the court concerned to initiate proceedings for cancellation of his bail bonds and for taking him into custody. ahk (Jyoti Saran, J.)