IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6860 of 2010 ANIL SINGH YADAV @ ANIL SINGH, SON OF JAGNARAYAN SINGH, RESIDING VILLAGE- BABUBANDH, P.S. CHAURI, DISTRICT-BHOJPUR, ARA. ……………………………………………………PETITIONER. Versus THE STATE OF BIHAR………………OPPOSITE PARTY. ------------- For the Petitioner : Mr. Rajiva Ranjan, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. ----------- 3. 13.5.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 147, 148, 149, 307, 353, 332 and 333 of the Indian Penal Code besides Section 27 of the Arms Act as well as Sections 3, 4 and 5 of the Explosive Substance Act and Section 17 of the C.L.A. Act It has been submitted on behalf of the petitioner that as per the allegation set up in the First Information Report, extremists were being chased by the police and there was firing and cross firing in between them. Subsequently, the extremists escaped and huge numbers of - 2 - arms and ammunitions were recovered from the place of occurrence. Learned counsel submits that the petitioner has been remanded in this case from a different case after two years of the occurrence. Further submission is that there is no direct or indirect material, which could be collected during the course of the trial, showing the complicity of the petitioner in this case. The petitioner is stated to be in custody since 22.8.2009 in connection with this case. Learned counsel drew attention of this Court towards the order dated 25.8.2009 passed in Criminal Misc. No.21279 of 2009 by a Bench of this Court, which is contained in Annexure-‘2’ to the application, whereby the bail had been granted to the co-accused, namely, Deo Kumar Mistri alias Dhiraj Ji alias Murari Ji, who, according to him, is on similar footing to that of the petitioner. Having regard to the facts and the circumstances of the case, the petitioner, Anil Singh Yadav @ Anil Singh, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, District-Rohtas at Sasaram, in connection with - 3 - Nasriganj P.S. Case No.76 of 2007, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, after his release in this case, if the petitioner is again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S. (Dr. Ravi Ranjan,J)