IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37759 of 2009 1. NAVEEN KUMAR YADAV S/O RAM PRAVESH YADAV VILL. USAS, P.S. KONCH, DISTT. GAYA Versus 1. THE STATE OF BIHAR **** /3/ 03.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 2591-B0a, 26 and 35 of the Arms Act and 17 of the Criminal Law Amendment Act. 3. Taking into consideration the fact that the petitioner being suspected to be a member of an extremist outfit was arrested with arms, but, the submission is that he is not an extremist and there is no case whatsoever pending against him. 4. Under the circumstances, let the petitioner, above named, who is in custody since 28.04.2009 for being in possession of one loaded country made pistol and three live cartridges be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Konch P.S. Case No. 28 of 2009 to the satisfaction of the Chief Judicial Magistrate, Gaya, on 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 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. 5. The Magistrate, concerned, will satisfy himself that the petitioner is not an accused in any other case before releasing him on bail. S.A. (Anjana Prakash, J.)