IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4806 of 2010 ABHAY KUMAR @ FANTOOSH KUMAR, S/o Parma Nand Singh. Versus THE STATE OF BIHAR ----------- 02. 23.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 414 of the Indian Penal Code and Sections 25 (1-B) A and 35 of the Arms Act. For recovery of one country-made pistol the petitioner has remained in custody since 16.08.2009 and volunteers to submit himself to the administration so that he can be included in the main stream of the society. Under the circumstances, 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 to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 149 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is - 2 - related with the petitioner. (ii) 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 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. (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 antecedent of the petitioner and his own volunteering the petitioner is directed to appear before the Head Priest, Vishnupad Temple at Gaya within two weeks of his release from jail custody on provisional bail for a period of six months and file a certificate with regard to the same. In case the petitioner does not file a certificate about his reporting to the Head Priest within two weeks of his - 3 - release from jail custody he shall be noticed for cancellation of bail. During the six months the petitioner is expected to engage himself in fruitful activities under the guidance of the Head Priest, Vishnupad Temple and at the end of six months he will file a certificate of his conduct in the court below issued by the Head Priest. In case the petitioner’s conduct is satisfactory his provisional bail will be confirmed and if not satisfactory he will be noticed for cancellation of bail. Vikash/- (Anjana Prakash, J.)