IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11367 of 2010 CHANDAN KUMAR DAS @ CHANDAN DAS, SON OF BISHESHWAR DAS Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Siddhartha Prasad, Advocate For the State : Md. Mustaque Alam, A.P.P. -------------- 2. 15/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code. The petitioner was apprehended on suspicion and Arms were recovered from his possession for which another substantive case was instituted. In the present case apart from suspicion, there is nothing against the petitioner. In view of such, let the petitioner above named, who is in custody since 13.1.2010, 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, Darbhanga, in Baheri P.S. Case No. 12 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 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 - 2 - 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. The Magistrate concerned is directed to consider amalgamation of the present case with Baheri P.S. Case No. 11 of 2010 since both the case arise out of the same occurrence. S.Ali (Anjana Prakash, J.)