IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20024 of 2010 MD. MUBARAK HUSSAIN Versus STATE OF BIHAR ----------- 2 24.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Khagaria Rail P.S. No.02 of 2010 for offences punishable under Sections 25(1-B)A/26/35 of the Arms Act. Considering the submissions of learned counsel for the petitioner that no recovery was made from the possession of the petitioner who is aged about 60 years and that he has remained in custody since 17.3.2010, let the petitioner namely, Md. Mubarak Hussain be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria, District-Khagaria in connection with Khagaria Rail P.S. case No. 02 of 2010 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 2 petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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 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. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates without reasonable explanation to the satisfaction of the Court concerned, his bail will be liable to be cancelled. Bibhash ( Jyoti Saran, J.)