IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17296 of 2010 1. MD.AZAM 2. Md. Akram Both sons of Md. Ali Ahmad Versus THE STATE OF BIHAR ----------- 3. 29.6.2010 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, 25 (1-A)A, 25 (1-C)A, 26 (i) (ii) (iii) and 35 of Arms Act. The petitioners were refused bail earlier by an order dated 14.10.2009, vide Cr.Misc. No. 34610 of 2009. The petitioners have renewed their prayer for bail on account of fact that even though they were remanded to custody on 9.4.2009, after examination of 3 witnesses during trial there is no progress whatsoever. A report was called for from the trial court which reveals that in fact after examination of 3 witnesses none of prosecution witnesses have turned up. In view of such, let the petitioners, who were in custody since 9.4.09, be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to 2 the satisfaction of Additional Sessions Judge, Fast Track Court No. 2, Munger, in connection with Sessions Trial No. 687 of 2009 arising out of Muffasil P.S. Case No. 89 of 2009, subject to the conditions,(i)That one of the bailor 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 the address of 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, (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. Fahad. ( Anjana Prakash, J.)