IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13542 of 2009 BUDHNA RAM @ BUDHUA RAM Versus STATE OF BIHAR ----------- 3. 16.9.2009 Heard. The case is under Arms Act for recovery of a pipe gun of the house of the petitioner. The petitioner is in custody about one and half years. As may appear from the report of the learned trial Magistrate at flag-A that there does not appear any chance of the trial being concluded as the police is not responding by taking positive action on the processes issued by the trial Judge. Considering that it could be any indefinite date on which the trial could be concluded. The court directs the release of the above named petitioner on bail on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in Kishanganj P.S.Case No.51 of 2008 under the following conditions:- (1)That the petitioner shall remain physically present on all dates before the learned Magistrate who is trying Kishanganj - 2 - P.S.case No.51 of 2008 and no representation of the petitioner shall be allowed by the trial Judge. (2)That the sureties of the petitioner shall be own family members or very close relatives who shall also file identity proofs which may be in the form of photographs as well. (3)In case the petitioner is found indulging or having indulged in any offence of serious proportions and on the fact being brought into the notice of the court, the court below may presume that this order had not been passed and shall take steps to remand the petitioner into custody. B.Kr. ( Dharnidhar Jha, J. )