IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14115 of 2010 SACHINDRA DAS, S/o Jhagru Ram. Versus THE STATE OF BIHAR ----------- 04. 26.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B) A and 26 of the Arms Act and Sections 4 and 5 of Explosive Substance Act. The prosecution case is that the petitioner’s shop was raided in connection with Phulwarisarif P.S. Case No. 417 of 2009 dated 14.10.2009 instituted for offences under Sections 302 and 120B/34 IPC and Sections 25 and 27 of the Arms Act from the possession of the petitioner some arms were recovered and from the shop some substance allegedly explosives were recovered. Considering that the petitioner is in custody since 17.10.2009 and the petitioner’s brother undertakes responsibility for the petitioner’s conduct after his release from jail custody, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties 2 of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 307 of 2009 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 and the other bailor shall be the 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 3 he fails to do so on two consecutive dates, his bail will be liable to be cancelled. By order dated 04.05.2010 this Court had asked for a report about the petitioner’s criminal antecedent from the Sr. S.P. Patna whereafter a report dated 03.08.2010 had been forwarded to this Court in which it has been mentioned that there is no case pending against the petitioner even though in the present First Information Report it has been mentioned that the petitioner is an accused in Puhlwarisarif P.S. Case No. 417 of 2009. Let this order be communicated to Sr. S.P. Patna for necessary action against the person who has given a collusive report in this regard. Vikash/- (Anjana Prakash, J.)