IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25079 of 2011 Naresh Kumar @ Naresh Prasad Son of Baleshwar Prasad. Versus The State Of Bihar ----------- 2 04.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 25(1-B) A, 26/35 of the Arms Act. Considering that the petitioner is in jail custody 29.01.2011 for recovery of a loaded pistol and live cartridge as also that the petitioner’s brother-n-law Amit Sagar is ready to stand surety for him, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Sultanganj P.S. Case No. 83 of 2011 subject to the 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, (iii) That the petitioner will give an undertaking that 2 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, and (iv) 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. It has been submitted that there is only one other case pending against the petitioner which fact will be verified by the court below. It has further been submitted that the petitioner’s father is on death bed, therefore, the petitioner shall be released on provisional bail during which time the verification of the petitioner’s antecedent shall be made by the court below that he is an accused in only one other case. Md. Ibrarul ( Anjana Prakash, J.)