IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30628 of 2011 Om Prakash Singh @ Bahadur Singh, son of Mundrika Singh Versus The State Of Bihar ----------- 2. 16.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act. Considering that the petitioner is in custody since 18.6.2011 for recovery of Arms and the petitioner’s father undertakes responsibility for his behaviour, let the petitioner above named who has fair antecedent, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 84 of 2011 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 and the other shall be the father of 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 2 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. (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 the nature of offence, the petitioner has been implicated at the instance of the local police, who is hostile to the petitioner, and seeks protection of a person well reputed doing social service in the area. Under the circumstances, the petitioner is directed to appear before the Head Priest of local Temple, within Rohtas Town, within fifteen days of his release from jail custody on provisional bail for a period of six months and file a certificate about the same in the court within the stipulated time. In case, the petitioner fails to file certificate about reporting to the Head Priest within two weeks of his release from jail custody, notice shall be sent to him for cancellation of bail. During the period of six months, the petitioner is expected to engage himself in fruitful activities 3 under the guidance of the Head Priest, local Temple, Rohtas at Sasaram, and at the end of the six months, the petitioner will be required to file a certificate of his conduct in the court below granted by the Head Priest. If the certificate granted to the petitioner is found satisfactory, the court below will confirm the provisional bail granted to the petitioner or else will issue notice for cancellation of bail. S.Ali ( Anjana Prakash, J.)