IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37966 of 2010 PINTU KUMAR SON OF SRI RAM LAGAN SINGH Versus STATE OF BIHAR ----------- 3. 2.2.2011 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-a), 25(1-a,a), 25(1-b)a, 26(2), 35 of the Arms Act and 3/5 of the Explosive Substance Act. The petitioner was refused bail by an order dated 18.3.2010 vide Cr.Misc.No.9693 of 2010. Considering that the petitioner was not arrested with arms and he has fair antecedents and is in custody since 27.11.2009, let the petitioner above named, 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 4th Additional Sessions Judge, Barh, Patna in S.T.No.873 of 2010 arising out of Bakhtiarpur P.S. case No.220 of 2009, subject to the conditions (i) That one of the bailor shall be the father of the petitioner and the other bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) 2 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 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 ground of misuse, and (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Additional District & Sessions Judge 4th, Barh, Patna is directed to requisition the attendance of all the witnesses named in the charge sheet and send a communication about the same to the Rural Superintendent of Police, Patna along with the present order so that the interest of justice does not suffer in a serious case like the present one for non-appearance of the witnesses to prove the case. In short the present case pertains to an allegation where a number of accused persons were found to be involved in dealing with sale and purchase of arms, which seriously affects the public order. In view of such, the Rural Superintendent of Police, Patna is directed to take immediate action for production of the witnesses, most of them who were officials, so that the progress of trial does not suffer. 3 Let this order be communicated to the Rural Superintendent of Police, Patna through fax. Put up this matter under the heading “To be mentioned” on receipt of the said report. Narendra/ ( Anjana Prakash, J.)