IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29129 of 2009 BIRJU PRASAD SON OF LATE SUKHDEO MAHTO, RESIDENT OF VILLAGE KENI, POLICE STATION KHIZERSARAI AND DISTRICT GAYA …. PETITIONER Versus STATE OF BIHAR … O.P. ----------- 2. 19.8.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 25(1-b)A /26/35 of the Arms Act and Section 20 of the N.D.P.S.Act. Taking into consideration the fact that only 250 grams of ganja and one countrymade pistol without cartridge were recovered from the petitioner, for which he has remained in custody since 9.2.2009, 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 to the satisfaction of Sessions Judge, Gaya in connection with Khizersarai P.S.case No.14 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, 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 2 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 will not delay the trial. Narendra/ ( Anjana Prakash, J. )