IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42861 of 2009 1. SRI KRISHNA SINGH @ SHREE KRISHNA, S/o Heeralal. 2. Dara Singh, S/o Sri Lal Singh. Versus THE STATE OF BIHAR ----------- 05. 02.04.2010 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 and 27 of the Arms Act. The petitioners’ name was disclosed by the apprehended accused but there has been no recovery from their possession. In view of such, let the petitioners above named who are in custody since 06.01.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with three sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-IV, Samastipur in connection with S.Tr. No. 420 of 2009 arising out of Mushari Gharari P.S. Case No. 166 of 2008 subject to the following conditions:- (i) That one of the bailors shall be a close family member of the petitioner who will explain his relationship through an affidavited - 2 - genealogy and properly verified by the Magistrate, the second bailor will be local in nature and third bailor will be a government servant. (ii) 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. (iii) 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. (iv) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Supdt. of Police, Samastipur within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The - 3 - conduct of the petitioners will be kept under watch in this period by the S.P. 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 petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)