IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21598 of 2010 1. YOGENDRA SAH, S/o Ram Sah. 2. Shankar Singh, S/o Surendra Singh. Versus THE STATE OF BIHAR ----------- 02. 01.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 307 and 353 of the Indian Penal Code, Sections 25 (1-B) A, 26, 27 and 35 of the Arms Act and Sections 3 and 5 of the Explosive Substance Act. It has been submitted that when the petitioner was arrested attempting to flee away after having fired at the police force and from his possession one country- made pistol and two cartridges were recovered. The submission is that the petitioner is in custody since 17.10.2009 and has no criminal antecedent which fact will be verified by the Court concerned before releasing the petitioner on bail. In view of such, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Banka in connection with S.Tr. No. 321 of 2010 arising out of Banka P.S. Case No. 441 of 2009 subject to 2 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 and the other bailor shall be the father of the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail. (iii) That the bailor shall 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. (iv) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)