IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42533 of 2009 VIJAY SINGH, S/o Late Ram Bhajan Singh. Versus THE STATE OF BIHAR ----------- 02. 09.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code and Sections 25(1-A), 27 and 35 of the Arms Act. Taking into consideration the fact that even though the prosecution story is that the accused persons had approached informant for sale of arms but on the date of occurrence when the alleged sale and purchase was to take place the petitioner was apprehended without arms and even though there were three cases pending against him in all the three cases final report has been submitted, let the petitioner above named who is in custody since 30.10.2009 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda - 2 - in connection with Telhara P.S. Case No. 91 of 2009 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 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. Vikash/- (Anjana Prakash, J.)