IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41149 of 2010 MD.HASSAN SON OF LATE GAFFAR Versus STATE OF BIHAR ----------- 2. 19.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Trial No.2794 of 2010 arising out of Motihari Town P.S.Case No.30 of 2010 for offence punishable under section 414 of the Indian Penal Code and section 25(1-B)a, 26 and 35 of the Arms Act. The allegation against the petitioner is of recovery of certain items which are allegedly said to be the stolen goods. He is also alleged to be in possession of three live cartridges. Learned counsel, with reference to the orders dated 8.6.2010 passed in Cr.Misc.No.19428 of 2010 (Hari Pandit Vs.State of Bihar), order dated 29.7.2010 passed in Cr.Misc.No.25647 of 2010 (Khusrau @ Sonu Vs. State of Bihar) and order dated 24.8.2010 passed in Cr.Misc.No.22834 of 2010 (Mohammad Rizwan @ Chand Vs. State of Bihar), submits that similar circumstanced co- accused have been granted bail by bench of this 2 court. Considering the submissions of the learned counsel, let the petitioner Md. Hasan be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K.Tripathy, Judicial Magistrate, Ist Class, Sadar Motihari, East Champaran in connection with Motihari Town P.S.Case No.30 of 2010, subject to the following conditions: (i) That one of the balors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be the brother in law of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner, (ii) 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 date and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse (iii) That the petitioner will be well represented on each date and if he fails 3 to do so on two consecutive dates, his bail will be liable to be cancelled. In view of the antecedents of 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 one year. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, 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, Motihari a certificate will be filed by the petitioner before the court concerned. ahk (Jyoti Saran, J)