IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6156 of 2010 1. GAUTAM KUMAR @ GAUTAM KUMAR SINGH. 2. Rishikesh Kumar @ Rishikesh Singh. Both are sons of Sudhir Singh. Versus THE STATE OF BIHAR ----------- 03. 05.05.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 25(1-B) A, 26 and 35 of the Arms Act. The allegation against the petitioner is that the petitioners were suspected to have gathered some criminals since they wanted to settle some land dispute with one Ballabh Yadav and on this tip off their ancestral house in the village was raided from where the arms were recovered. The submission is that the petitioners are students of polytechnic and they do not reside in the ancestral house and in fact their uncle with whom they had land dispute had got them implicated in the present case for the same reasons. In view of such and also that there is no case of Arms Act pending against the petitioners, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in connection 2 with Harnaut (Telmar) P.S. Case No. 177 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not accused in any other case of Arms Act and if they are they shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)