IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37549 of 2011 Shambhu Sao @ Shambhu Kumar Sao, son of Late Arjun Sao, resident of Pachna Road, Kiul Basti, Bishahri Sthan, P.S.-Kabaiya O.P., Lakhisarai, District-Lakhisarai. ……………Petitioner Versus The State of Bihar ……………Opp. Party. ----------- 2 18.11.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in a case registered under Section 401 IPC and Sections 25 (1-b)A and 26 of the Arms Act. It is submitted that the petitioner has falsely been implicated in the present case. He is in custody since 25.5.2011. The charge sheet has already been submitted and the trial is not likely to conclude in near future. It is alleged that a live cartridge of .303 bore was recovered from his possession is a handy work of police. He has become a victim of high-handedness of police. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna in connection with Rail G.R.P. Bakhtiyarpur (Barh) P.S. Case No. 21 of 2011 subject to the following conditions: (i) That both the bailors should be brothers of the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the bailors shall also State on affidavit that he will inform the 2 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 the 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. Sanjeet/ ( Ashwani Kumar Singh, J.)