IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18267 of 2011 Jata Shanker @ Jata Singh Versus The State Of Bihar ----------- 04/ 28.09.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is in jail custody since 17.7.2010 in a case registered under section 414 of the IPC and section 25(1-b)A, 26, 35 of the Arms Act. Allegedly, one carbine and cartridges were recovered from the house of one Bipin Singh in whose house, the petitioner had taken shelter after committing murder of Guthani P.S. Case no. 58/2010. It is also alleged that seized carbine has been used in committing crime in Guthani P.S. Case no. 58/2010. The contention of learned counsel for the petitioner is that nothing has been recovered from the conscious possession of the petitioner and, as a matter of fact, petitioner has been roped in this case at the instance of his enemy. It is also contended by him that co- accused Bipin Singh, from whose house the aforesaid recovery has been made, has already been granted privilege of bail. On the other hand, learned Addl. Public Prosecutor refers para 91 of the case diary to show the criminal antecedent of the petitioner. The report of the learned Judicial Magistrate, lst Class, Chapra shows that charge has already been framed against the petitioner on 17.6.2011. - 2 - Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Jata Shankar @ Jata Singh, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar, Judicial Magistrate, Ist Class, Chapra in Rasulpur P.S. Case no. 66/2010 subject to the conditions that petitioner shall make his appearance in Rasulpur police station in the first week of each and every month for a period of one year and furthermore, he shall attend the trial court regularly on each and every date in person for the period of one year and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J)