IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11179 of 2010 SANTOSH KUMAR, son of Late Rameshwar Mahto Versus STATE OF BIHAR ----------- 2/ 13.04.2010 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 and 35 of the Arms Act. According to the First Information Report, On 16.10.2008, the petitioner along with others was allegedly nabbed by some villagers and thereafter was handed over to the police and from their possession certain arms were recovered and from the possession of the petitioner one country made loaded pistol was recovered. This First Information Report was instituted on 24.11.2008, even though the occurrence is said to have taken place on 16.10.2008. It is not explained in the First Information Report by the informant as to why the First Information Report was not instituted on the same day and the petitioner was not produced along with alleged seized articles. In view of such, let the petitioner, above named, who is in custody since 16.10.2008 in the parent case, 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 Smt. Akancha Kashyap, Judicial Magistrate, 1st class, Bhagalpur, in connection with Bath P.S. case no.31 of 2008, 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. The bailor will undertake to furnish information to the court about any change in - 2 - 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 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, and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is accused only in the present case and Bath P.S. case no. 26 of2008 will be verified by the Magistrate before releasing the petitioner on bail. JA/- (Anjana Prakash, J.)