IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11091 of 2010 BISHUNDEO SAH, son of Late Ram Bhajju Sah Versus STATE OF BIHAR ----------- 2/ 15.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 25(1-B)A, C, 25(1-Aa), 25(1A), 26(I)(II)(III) and 35 of the Arms Act. When the police raided a village on confidential information, one Gholtan Mandal was apprehended with arms, who disclosed that the same used to be manufactured at the house of Gurudeo Sao and thereafter, the house of Gurudeo Sao was searched and number of arms were recovered. Submission is that petitioner happens to be the father of Gurudeo Sao, but does not indulge in such activities and his son is solely responsible for the possession of the arms in question. Moreover, the petitioner does not have any criminal antecedents which fact will be verified by the Magistrate before releasing the petitioner on bail. In view of such, let the petitioner, above named, who is in custody since 5.8.2009, 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 the Additional Sessions Judge-cum- Fast Track Court No. III, Munger, in connection with S. C. No.824 of 2009 arising out of Bariarpur P.S. case no.68 of 2009, subject to the conditions (i)That one of the bailors will be a close relative of the - 2 - petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and, if he is, he shall not be released on bail, (iii)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, (iv)That the 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, (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)