IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39033 of 2009 1.SAHENDRA MANDAL @ ANTU MANDAL @ GHARTU MANDAL son of Suresh Mandal 2.Mahendra Mukhiya @ Tiru Mukhiya son of Late Kokai Mukhiya Versus STATE OF BIHAR ----------- 3. 16.12.2009. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under sections 25(1-B)A , 26(ii) and 35 of the Arms Act. Taking into consideration the fact that no recovery was effected from the personal possession of the petitioner rather recovery was made from a bag containing beaten rice and petitioner no.1 has no case and petitioner no.2 has three cases of the year 1981 and 2001 respectively pending, let petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia in connection with Kasba P.S. Case No.67 of 2009 subject to the following conditions: (a) 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, (b) 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 a proceeding for cancellation of bail on the ground of misuse. (c) that the petitioner will give an undertaking that he will - 2 - receive the police papers on the given date and be present on the 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. Md.S. (Anjana Prakash,J.)