IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15528 of 2010 1. PAWAN RAI, SON OF SRI DHARKHAN RAI 2. PRADEEP RAI, SON OF SHRI JAGAT NARAIN RAI Versus PRADEEP RAI ----------- 2. 13.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 511, 120B, 109 of the Indian Penal Code, Sections 25(1-B)A, 26, (iii) and 35 of the Arms Act. On suspicion that the accused persons were planning to commit occurrence of kidnapping, the accused persons were nabbed and from the possession of the petitioners one pistol each was recovered, for which they have remained in custody since 20.11.2009. It has been submitted that with regard to the petitioner No. 1, there is only one other case pending whereas with regard to petitioner No. 2, there are seven cases pending against him. In view of such, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in Sitamarhi P.S. Case No. 665 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how 2 he is related with the petitioners and the other shall be the father of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioner No. 2, the petitioner No. 2 is directed to appear before the Superintendent of Police, Sitamarhi, 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 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 3 to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali ( Anjana Prakash, J.)