IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5402 of 2010 SHANKAR KUMAR CHAUDHARY @ SHANKAR PRASAD CHAUDHARY Versus STATE OF BIHAR --------- 2 23.2.2010 Heard the learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 399 and 402 of the Indian Penal Code and sections 25 (1-b) a,26 and 35 of Arms Act. In view of the submission that for recovery of one country made pistol and cartridges the petitioner has remained in custody since 1.6.2009, let the petitioner, above named, be released on provisional bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Patna, in Gardanibagh P.S. Case No.84/09, subject to the conditions that (i) 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,(ii) the bailor shall also state on affidavit that he will inform the court concern 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) 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 2 liable to be cancelled for reasons of misuse and (iv) 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 criminal antecedent of the petitioner, he is directed to report to Mr. Kishore Kunal, Chairman, Bihar State Religious Trust Board, Patna within 15 days of his release on provisional bail for a period of six months and file a certificate to this effect in a court and in case, he fails to do so, a notice shall be sent to him to initiate a proceeding to cancel his bail at once, (ii) that once the petitioner reports to Mr. Kunal, Mr. Kunal is requested to evolve a method by which without affecting the petitioner’s present vocation, if any, the petitioner can be made socially productive so that an effort is made to bring him back in the main stream of the society, (iii) at the end of the six months, the petitioner will be required to file a certificate in the court below granted by Mr. Kishore Kunal. If the certificate is found satisfactory his provisional bail shall be confirmed and in case, it is not satisfactory, he would be taken into custody immediately. AnilKr.Sinha (Anjana Prakash,J.)