IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6619 of 2010 ANIL SINGH, S/O CHANDESHWARI SINGH Versus STATE OF BIHAR **** /2/ 09.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 25(1-b)A (C), 26 and 35 of the Arms Act. 3. In the present case, the allegation against the petitioner is of having been in custody of cartridges, but, the explanation for the same is that the petitioner is a licence holder of arms and, therefore, the cartridges pertained to the said fire arm for which he had a licence. However, from the narrative of the first information report it appears that the petitioner to establish his superiority in the field of crime had shot at one Braj Nathi Singh in which a small boy lost his life and the police while searching for the petitioner raided his house in course of which the present incriminating articles were recovered. It has also been submitted that the petitioner is an accused in five cases altogether one of the year 1996, two of the year 1997 and one of the year 2008. In view of the fact that the petitioner is in custody since 19.05.2009, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) 2 with two sureties of the like amount each in connection with Raghopur P.S. Case No. 61 of 2008 to the satisfaction of Sri R.N. ram, Judicial Magistrate, 1st Class, Hajipur, on the 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 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 then his bail will be liable to be cancelled for reasons of misuse and (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. 4. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Hajipur, within fifteen days of his release with a copy of 3 this order and thereafter every two weeks for the next six months. The conduct of the petitioner 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 petitioner before the Court, concerned. 5. There is no denying that the petitioner is an accused in Raghopur P.S. Case No. 59 of 59 of 2008 and the petitioner has been misutilizing his licensed arms, so let the District Magistrate, Hajipur, consider whether under the circumstances the petitioner’s licence for arms should be cancelled adopting the due process of law. 6. Let this order be communicated to the District Magistrate, Hajipur, through fax at the costs of the Court. S.A. (Anjana Prakash, J.)