IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12421 of 2010 VIVEK KUMAR @ VIVEK KUMAR THAKUR SON OF SRI NAND KUMAR THAKUR Versus STATE OF BIHAR With Cr.Misc. No.14904 of 2010 MITHILESH SINGH @ MITHILESH KUMAR SINGH SON OF LATE SACHCHIDA NAND SINGH Versus STATE OF BIHAR ----------- 2. 22.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25A(1-B)/26/35 of the Arms Act. When the petitioners were allegedly apprehended from a hotel room, two country made pistols and three live cartridges were recovered from their possession, for which they have remained in custody since 4.9.2009. It is submitted that the petitioners apart from the connected case i.e. Gandhi Maidan P.S.case No.364 of 2009 are not an accused in any other case. In view of such, 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, Patna in Gandhi Maidan P.S.case No.363 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an - 2 - affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) 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 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 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 and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned is directed to consider amalgamation of the present case with Gandhi Maidan P.S.case No.364 of 2009 since both the case are inter linked. Narendra/ ( Anjana Prakash, J. )