IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10268 of 2010 JAGDISH SHARMA, S/o Late Gajar Sharma. Versus THE STATE OF BIHAR ----------- 02. 02.04.2010 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, 26, 27 and 35 of the Arms Act and Section 27 of the C.L.A. Act. On information that a kidnapped boy could be recovered from the house of Virendra Yadav his house was raided but no incriminating article was recovered therein. Thereafter, the house of one Bhagwan Singh was raided in course of which there was firing and cross-firing in which a government official lost his life. A number of arms were recovered from the house of Bhagwan Singh along with an invitation card issued by the petitioner in name of one Muni Ji. On this basis the petitioner has been implicated in the present case. The contention of the petitioner is that he does not belong to any extremist outfit and even though two cases are pending against - 2 - the petitioner both of them are minor in nature instituted on account of land dispute. In view of such, let the petitioner above named who is in custody since 25.11.2009 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 Ram Chandra Prasad, Judicial Magistrate, Bikramganj (or his successor) in connection with Karakat P.S. Case No. 28 of 2006 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. (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 - 3 - 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. Vikash/- (Anjana Prakash, J.)