IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17784 of 2009 CHINTAWAN MAHTON @ CHINTAMAN MAHTON, son of late Rooplal Mahton Versus STATE OF BIHAR ----------- 5/ 04.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 25(10B)a/26 of the Arms Act. Taking into consideration the fact that for recovery of one loaded country made pistol and cartridge, the petitioner has remained in custody since 21.11.2008, 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 Sri Rakesh Malviya, Judicial Magistrate, Ist Class, Begusarai, in connection with G.R. No. 3527 of 2008 arising out of Bachhwara P.S. case no.143 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, (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 - 2 - represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. By supplementary affidavit it has been stated that the petitioner is accused in thirteen cases but except one, the rest of the cases are prior to the year 1993. This fact will be verified by the Magistrate concerned before releasing the petitioner, and if found to be incorrect, the petitioner will not be granted bail. JA/- (Anjana Prakash, J.)