IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4296 of 2010 AJOY KUMAR MISHRA @ SUDDU @ SUDDU MISHRA SON OF JAI PRAKASH MISHRA Versus THE STATE OF BIHAR With Cr.Misc. No.5212 of 2010 ASHWANI KUMAR MISHRA @ TONI SON OF BISHUNDEO MISHRA Versus STATE OF BIHAR ----------- 2. 16.2.2010 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 recovery of one loaded country made pistol, the petitioners have remained in custody since 3.4.2009 and 4.10.2009 respectively and have no criminal antecedents, 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 Chief Judicial Magistrate, Munger in Kotwali P.S.case No.424 of 2009 (G.R.No.1710 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 giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail (iii) 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 - 2 - 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 of bail and (iv) 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )