IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8756 of 2010 PRAMOD PASWAN SON OF JAMUNA PASWAN Versus STATE OF BIHAR ----------- 2. 15.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act. The petitioner is named in the first information report as one of the persons, who was sitting in a room along with other co- accused persons from whose possession fire arms were recovered, but nothing was recovered from the person of the petitioner. Two motorcycles were also seized from infront of the house of Laxman Rai, one of which the petitioner claims to be that of his brother. As far as the second motorcycle is concerned, it was not recovered from the conscious possession of the petitioner. Under the circumstances, let the petitioner above named, who is in custody since 20.8.2009 and has no criminal antecedents, 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 S.D.J.M., Bikramganj, Rohtas at Sasaram in Natbar P.S.case No.66 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 giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is - 2 - 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 and (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. Narendra/ ( Anjana Prakash, J. )