IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33810 of 2009 PREM KUMAR RAY SON OF LATE RAMSWAROOP RAY Versus THE STATE OF BIHAR ----------- 3. 04/01/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)A, 26 and 23 of the Arms Act. Taking into consideration the fact that no Arms were recovered from the person of the petitioner, let the petitioner above named, who is in custody since 28.8.2008, 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, Kishanganj, in connection with Kishanganj P.S. Case No. 104 of 2007 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 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 petitioner will give an undertaking that he will receive the police papers on the given 2 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 appears that the petitioner is an accused in two other cases of similar nature, so, the petitioner is directed to report to the S.P. concerned within fifteen days of his release and every two weeks thereafter and the S.P. Kishanganj, is requested to keep on watch of the petitioner’s conduct for the next six months and if the petitioner’s conduct is found doubtful in any respect, the court concerned will initiate a proceeding for cancellation of bail for the reasons of misuse of bail. S.Ali (Anjana Prakash, J.)