IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19861 of 2010 MUKESH RAM @ MUKESH RAI @ PRAWEEN JI, S/o Lal Bihari Ram. Versus THE STATE OF BIHAR ----------- 02. 23.06.2010 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 and 35 of the Arms Act, Section 17 of C.L.A. Act and Section 5 of Explosive Substance Act. It has been submitted that the petitioner is not named in the First Information Report nor has any recovery been made from his possession but later on co- accused named the petitioner as one of the persons involved in the present occurrence. In view of such, let the petitioner, above named who is in custody since 15.12.2009 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 85 of 2005 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 and the other bailor shall be the father/wife of the 2 petitioner. The Magistrate is directed to insist upon proper identification of the bailors as well as the petitioner so that there is no confusion about the petitioner’s identity at the later stage. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (iii) 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. (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. The Magistrate concerned is directed to immediately commit the case of the petitioner to the Court of Sessions so that his trial can proceed along with S.Tr. No. 166 of 2010 pending before Additional Sessions Judge, F.T.C.-II, Motihari. Vikash/- (Anjana Prakash, J.)