IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39285 of 2009 SUMAN KUMAR ROY @ KARE ROY SON OF VIJAY ROY Versus STATE OF BIHAR with Cr.Misc. No.39949 of 2009 AVINASH KUMAR ROY SON OF ASHOK ROY @ ASHOK KUMAR ROY Versus STATE OF BIHAR ----------- 2. 11.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act. Taking into consideration the fact that for the recovery of arms, the petitioners have remained in custody since 20.4.2009, let the petitioners above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sri N.B. Lal, Judicial Magistrate 1st class, Bhagalpur (In Cr.Misc.No.39285 of 2009) and Chief Judicial Magistrate, Bhagalpur (In Cr.Misc.No.39949 of 2009) in Kotwali (Tilkamanjhi) P.S.case No.239 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (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 2 thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (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. Learned Counsel for the petitioners submits that they have been implicated repeatedly at the instance of the local police who is hostile to the petitioners and seek protection of a person will reputed doing social service in the area. Under the circumstances, the petitioners will report to the Head Priest, Tetri Durga Asthan within fifteen days of their release and file a certificate about the same in the court and at the end of six months the petitioners will be required to file a certificate in the court below granted by the Head Priest. Narendra/ ( Anjana Prakash, J. )