IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16361 of 2010 ARUN PASWAN, S/o Late Parshuram Paswan. Versus THE STATE OF BIHAR ----------- 02. 18.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 353 and 307/34 of the Indian Penal Code, Sections 25(1-B) A, 26 and 27 of the Arms Act and Sections 3/4 of Explosive Substance Act. The petitioner is named in the First Information Report on the basis of confessional statement of the accused persons who were caught at the spot. It has been submitted that the petitioner is accused in only one other case i.e. Lodipur P.S. Case No. 20 of 2003 which fact will be verified by the Magistrate before releasing the petitioner on bail. The further submission is that he does not belong to any extremist outfit. In view of such, let the petitioner, above named who is in custody since 06.08.2009 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 concerned Judicial Magistrate, 1st Class, Gaya in connection with Konch P.S. Case No. 32 of 2004 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an 2 affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the wife/brother of the petitioner. The bailor will also undertake to inform the Court if there is any change in the 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. Vikash/- (Anjana Prakash, J.)