IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33581 of 2009 ARJUN DAS, S/o Late Moti Das. Versus THE STATE OF BIHAR ----------- 04. 08.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 458, 382 and 364 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substance Act. Taking into consideration the fact that the petitioner is not named in the First Information Report but has been implicated by the Supervising Officer nine months later on the basis of the statement of certain witnesses but there is no explanation for the delay in such recording, let the petitioner above named who is in custody since 13.04.2009 and has no criminal antecedent as per the supplementary affidavit 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 Additional Sessions Judge, F.T.C.-1, Banka in connection with S.Tr. No. 572 of 2009 arising out of Katoriya P.S. Case No. 71 of 2006 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 - 2 - genealogy as to how he is related with the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. The fact that the petitioner is not accused in any other case will be verified by the court concerned before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)