IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9757 of 2010 1. RAJESH KUMAR, SON OF LATE KRISHNA RAI 2. MITHU DAS, SON OF KAMTA DAS Versus STATE OF BIHAR ----------- 2. 18/03/2010 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 and 35 of the Arms Act. On the confessional statement of the co-accused, Fire Arm was recovered from the house of one Vijay which was purportedly in occupation of the petitioner No. 1 but there has been no recovery from the petitioner No. 2 nor do they have any criminal antecedents. Under the circumstances, let the petitioners above named, who are in custody since 20.10.2009, 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 Chief Judicial Magistrate, Patna, in connection with Phulwari Sharif P.S. Case No. 392 of 2009 subject to the following 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, 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 - 2 - petitioner is implicated in any other case of similar nature after their 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. (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)