IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12433 of 2010 BUDHAN SAHNI S/O LATE HARDEO SAHNI Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Prakash Shrivastava, Advocate For the State : Mr. R.C. Singh, A.P.P. --------- 2. 22.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 121, 121A, 122, 147, 148, 353, 333, 307, 324, 412 of the Indian Penal Code and 25(1-b)a/26/27/35 of the Arms Act as well as 4/5 of the Explosive Substance Act and 17/18 of the C.L.A. Act. The prosecution case is that on secret information the police raided Mathiya Malali Tola, where a firing and cross firing ensued between the police force and the miscreants in which two miscreants lost their lives and some police personnels were injured. After the firing the houses of Jhapas Sahni and the present petitioner were searched. Even though arms were recovered from the house of Jhapas Sahni, from the house of petitioner only eatables and one live cartridge was recovered. The submission is that the petitioner has no criminal antecedents nor is he a member of banned organization. His abandoned house may have been used by the miscreants without the knowledge of the petitioner. In view of such, let the petitioner above named, who is in custody since 18.11.2009, be released on bail on furnishing bail - 2 - bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in Muffasil P.S.case No.206 of 2008, 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. The bailor will undertake to furnish information to the court about any change in the address of 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 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. In view of nature of allegations against the petitioner, the petitioner is directed to appear before the Superintendent of Police, Motihari within fifteen days of his release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioner will be kept under watch in this period by - 3 - the S.P. concerned and if it is found wanting in any manner a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. Narendra/ ( Anjana Prakash, J. )