IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2561 of 2010 1. Ram Narayan Singh @ Narayan Mahto @ Ram Narayan Mahto, Son of Late Gauri Shankar Mahto. 2. Vinod Mahto, Son of Ram Narayan Mahto. Both residents of Village- Baghauta, P.S. Kothi, District-Gaya........Petitioners. Versus THE STATE OF BIHAR.................................Opposite Party. ----------- 2. 03.02.2010. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-B)A/26/35 of the Arms Act. Taking into consideration the fact that the arms were not recovered from the conscious possession of the petitioners and there is no criminal antecedent of the petitioners, let the petitioners above named who are in custody since 04.11.2009 and 09.11.2009 respectively 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 the Learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Kothi P.S. Case No. 14 of 2009 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are they shall not be released on bail (iii) 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 2 court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and(iv) 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The Learned Magistrate before releasing the petitioners on bail will verify the fact that the petitioners are not accused in any other case. U.K. (Anjana Prakash,J)