IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45360 of 2010 ASHOK YADAV @ ASHOK KUMAR YADAV son of Ramdeo Yadav Versus THE STATE OF BIHAR ----------- 2/ 23.03.2011 Supplementary affidavit on behalf of the petitioner is being filed. Let it be kept with the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 414 and 120-B of the Indian Penal Code and section 25(1-B)A, 26/35 of the Arms Act. It has been submitted that the petitioner was apprehended seated on the vehicle and from his possession four arms licences as also some cartridges which were shown to be duly purchased from a shop were recovered. It has further been submitted that the petitioner was a bonafide purchaser of the cartridges and had valid arms licences and, therefore, no offence under the Arms Act would be made out. Further submission is that since there was no stolen article recovered from his possession no offence under section 414 Indian Penal Code would me made out. The petitioner claims to have no criminal antecedents of similar nature. This fact shall be verified by the Magistrate by calling for a report from the Superintendent of Police, Madhepura, as well as the Superintendent of Police, Begusarai. After having been satisfied that there is no other case of Arms Act pending against the petitioner, he (Ashok Yadav @ Ashok Kumar Yadav) shall be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties 2 of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No.180 of 2010, subject to the conditions (i) That one of the bailors will be the wife of the petitioner and another bailor shall be local since the petitioner is the resident of Madhepura district. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, (iii) 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, and (iv) 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 view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Begusarai, within fifteen days of his release with a copy of this order and every two weeks thereafter 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 3 initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash,J.)