IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1008 of 2010 MD.SAMIM ANSARI, S/o Md. Hussain. Versus THE STATE OF BIHAR ----------- 02. 21.01.2010 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 and 26 of the Arms Act and Section 3/4 of the Explosive Substance Act. Taking into consideration the fact that for recovery of one loaded country-made pistol the petitioner has remained in custody since 27.07.2009 and apart from the connected case i.e. Akbarpur P.S. Case No. 160 of 2009 instituted for the offences under Sections 394 and 414 of the Indian Penal Code there is no other case pending against him, 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 Additional Sessions Judge, F.T.C.-V, Nawada in connection with S.T. No. 449 of 2009/371 of 2009 arising out of Akbarpur P.S. Case No. 161 of 2009 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. (ii) That the bailor shall also state on - 2 - 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. Before releasing the petitioner on bail, the court concerned will satisfy himself that the petitioner is an accused in only one other case i.e. Akbarpur P.S. Case No. 160 of 2009. The court concerned will also explore the possibility of amalgamating the present case with Akbarpur P.S. Case No. 160 of 2009 in view of the fact that both arise out of the same occurrence. Vikash/- (Anjana Prakash, J.)