IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28617 of 2010 1. KAPIL RAI SON OF LATE PRAYAG RAI 2. SURAJ MUKHIYA SON OF RAMASHISH MUKHIYA 3. KISHAN SAH @ KRISHNA SON OF RAMDEV SAH Versus THE STATE OF BIHAR ----------- 2. 25.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25(1-B(A/26/35 of the Arms Act. Considering that for recovery of one cartridge each the petitioners have remained in custody since 20.4.2010, 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Sitamarhi in Sonbarsa P.S.case No.35 of 2010, subject to the conditions (i) That one of the bailors shall be the wife/brother of the petitioners and the second bailor (for petitioner nos.2 and 3) shall be local since the petitioner nos.2 and 3 belongs to District Sarlahi (Nepal), (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 - 2 - 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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. The petitioner no.1 will report to the Superintendent of Police, Sitamarhi and petitioner nos.2 and 3 will report to the Superintendent of Police, Sarlahi (Nepal) with a copy of the present order within 15 days of their release from jail custody. They will attend the office of the Superintendent of Police, Sitamarhi/Sarlahi (Nepal) every two weeks and their conduct will be kept under watch for the next nine months and if it is found wanting in any manner a report will be made by the Superintendent of Police to the court concerned. Thereafter if the court receives any adverse report, it will proceed in the manner prescribed for cancellation of bail. Narendra/ ( Anjana Prakash, J. )