IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21912 of 2010 CHHOTU SAO Versus STATE OF BIHAR ----------- 2. 29.6.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Alamganj P.S. Case No. 13 of 2009 for offence punishable under Section 414/34 of the Indian Penal Code and Sections 25(1-B) A, 26 and 35 of the Arms Act. During the course of investigation in the matter arising from Alamganj P.S. Case No. 9 of 2009, certain recoveries were made from the room said to have been rented by this petitioner from one Satyendra Narayan Sao. The said recovery was made on the basis of the statement made by one Vicky Kumar an accused in the same case. Following the recovery aforesaid the petitioner was arrested in Connection with Alamganj P.S. Case No. 9 of 2009 and has thereafter been remanded on the present case. Learned counsel for the petitioner submits that except for the cases in question the petitioner was not involved in any other criminal case. He further submits that the petitioner has remained in custody in the present case since after his remand on 10.2.2009. Taking into consideration the circumstances and submissions of learned counsel, let the petitioner, namely, 2 Chhotu Sao, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City in connection with Alamganj P.S. Case No. 13/2009, subject to the following conditions :- (1) A close relative of the petitioner would stand as one of the bailors and who would also indicate his genealogy with the petitioner by filing an affidavit. (2) The bailor would be under a duty to inform the Court below in case this petitioner is named or is involved in any further case of similar nature after his release and whereupon the Court concerned shall be at liberty to cancel the bail bonds of the petitioner on grounds of misuse. (3) The petitioner would co-operate in the trial and would not try to delay the proceeding and he shall ensure his representation before the Court below on each and every date fixed and upon failure to ensure the same on two consecutive dates without reasonable explanation to the satisfaction of the Court below, the Court concerned shall be at liberty to initiate proceeding for cancellation of his bail bonds and for taking him into custody. Anand Kr. ( Jyoti Saran, J.)