IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1980 of 2010 BRAJESH KUMAR @ GUDDU s/o Natho Prasad, resident of village- Chani, P.S. Simariya, District- Chatra (Jharkhand) ...Petitioner Versus STATE OF BIHAR ...OP ----------- 2/ 21.01.2010 Heard learned counsel for the petitioner and the State. Petitioner was refused bail by order dated 19.8.2009 passed in Cr. Misc. No. 27787 of 2009 and now he has renewed his prayer for bail on the ground that he has remained in custody for more than a year. On the merits of the case, it appears that the petitioner was found sitting in the Bus from which in a bag certain arms were recovered. However, the same was not from the conscious possession. The petitioner submits that he has no antecedent and in fact, the bag belonged to Dr. Sahdab Ahmad, who was a co-passenger. In view of the submission, let the petitioner, above named, who is in custody since 19.1.2009, 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 Sri Sudhir Kumar Sinha, Judicial Magistrate, 1st class, Biharsharif, Nalanda, in connection with Deep Nagar P.S. case no.14 of 2009, subject to the 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,(ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other - 2 - 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,(iv) 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, and (v) 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. Before releasing the petitioner on bail, the Magistrate concerned will call for a report from Chatra and Hazaribagh districts as well as from the Superintendent of Police, Nalanda, to satisfy himself that the petitioner has no criminal antecedents. JA/- (Anjana Prakash, J.)