IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.970 of 2010 ASHIK KUMAR SON OF SRI MOHAN YADAV Versus STATE OF BIHAR ----------- 2. 21/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 379, 411 of the Indian Penal Code and Sections 25(1-b) A, 26 and of the Arms Act. Taking into consideration the fact that it is only an attempt to theft and subsequently a loaded country made pistol along with one cartridge was recovered for which the petitioner has remained in custody since 10.9.2009, let the petitioner above named, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 186 of 2009 subject to the following conditions: (i) (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 2 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. It has been submitted that the petitioner is an accused in only one other connected case numbered as Laheri P.S. Case No. 187 of 2009 which fact will be verified by the Magistrate before releasing the petitioner on bail. The Magistrate concerned will consider amalgamation of Laheri P.S. Case No. 186 of 2009 and Laheri P.S. Case No. 187 of 2009 since both of them arise out of the same occurrence. S.Ali (Anjana Prakash, J.)