IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6244 of 2010 1. PAIRU PASWAN 2. BINESHWAR PASWAN BOTH SONS OF NARAYAN PASWAN Versus THE STATE OF BIHAR ----------- 3. 04/05/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 412. 414 of the Indian Penal Code, Sections 25(1-B) A, 26 and 35 of the Arms Act. On suspicion the houses of the petitioners were searched and alleged stolen articles were recovered, but the submission is that there is no parent case of theft with regard to the same and, therefore, no offence under Sections 412 and 414 of the Indian Penal Code would be made out. For the recovery of the Arms, the petitioners have remained in custody since 22.6.2009 and 30.6.2009 respectively and the submission is that the same was not recovered from their conscious possession. In view of such, let the petitioners above named, who 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, Gaya, in Chandauti P.S. Case No. 34 of 2002, Tr. No. 1153 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 he is related with 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 - 2 - 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 petitioners, the petitioners are directed to appear before the Superintendent of Police, Gaya, within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners 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 to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. S.Ali (Anjana Prakash, J.)