IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46275 of 2009 MITHILESH SINGH @ MITHILESH KUMAR SINGH SON OF LATE RAMESHWAR SINGH Versus STATE OF BIHAR ----------- 2. 12.1.2010 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/26 of the Arms Act and 3, 4 and 5 of the Explosive Substance Act. Taking into consideration the fact that the arms were not recovered from the conscious possession of the petitioner and it was only speculation that the arms recovered were in fact kept by the petitioner as well as co-accused Amrendra Kumar Singh, but there is no cogent material to support the same, let the petitioner above named, who is in custody since 9.9.2009, 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 C.J.M., Banka in Amarpur P.S.case No.88 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 of bail and (iii) that the petitioner will give an undertaking that he will - 2 - 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. The fact that the petitioner is an accused in only one other case besides the present one will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )