IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28850 of 2009 1. PAPPU KUMAR @ PAPPU RAI SON OF MAUJAY LALL RAI 2. AJAY KUMAR @ SANJAY RAY SON OF RAMESAWAR RAY Versus STATE OF BIHAR ----------- 6. 23.2.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 452, 384, 386, 387, 414/34 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act. The petitioners submit that even though they have been implicated in the present case, which is serious in nature, but they wish to reform themselves and submit to the general administration and undertake never to repeat the occurrence, no matter how grave the temptation. Taking into consideration the said undertaking as also the fact that the petitioners have remained in custody since 13.3.2009 and have no criminal antecedents, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M. (West), Muzaffarpur in Kurhani P.S.case No.54 of 2009, subject to the conditions (i) That the father of the petitioner no.1, who is a government servant, shall be one of the bailors for both the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) - 2 - that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 of bail, (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )