IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19055 of 2010 PINKU @ AMARJEET KUMAR Versus THE STATE OF BIHAR ----------- 2/ 26.05.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 03.01.2010 in a case registered under sections 400, 414 of the Indian Penal Code and 25(1- B)A, 26, 35 of the Arms Act in which one loaded country made pistol and one Nokia mobile have been recovered from possession of the petitioner. It is submitted by learned counsel for the petitioner that actually no recovery has been made and the police falsely roped the petitioner in the present case though the petitioner has two other cases but he is on bail in those two cases. The other accused Santosh Kumar Tiwari has been granted bail by a bench of this Court in Cr. Misc. No. 17495 of 2010 whereas one Anil Kumar Singh, from whom also there was recovery has been granted bail by a Bench of this Court in Cr. Misc. No.13259 of 2010, vide order dated 28.04.2010. Considering the aforesaid submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Hilsa ( Nalanda ) in connection with Tharthari P.S. Case No. 01 of 2010, 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. The bailor - 2 - will undertake to furnish information to the Court about any change in address of 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 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. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. ( Dinesh Kumar Singh, J) BTiwary/