IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18912 of 2010 1. BHOLA SAH, SON OF BISHUNDEO SAH 2. SURENDRA SAH, SON OF BISHUNDEO SAH Versus STATE OF BIHAR ----------- 2. 24.06.2010 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, C, 25(1-AA), 25 (1A), 26(I) (II) (III and 35 of the Arms Act. The petitioners were refused bail earlier by an order dated 16.12.2009 vide Cr. Misc. 43587 of 2009. The petitioners renewed the prayer for bail on account of the fact that Bishundeo Sah co-accused who is the father of the present petitioner has been released on bail on the ground that in fact, the house of the petitioners were searched since it was learnt from co-accused Gholtan Mandal that the house of Gurudeo Sao was used for manufacturing Arms. It has specifically been asserted that the petitioners have no criminal antecedents and it was Gurudeo Sao who involved in manufacturing Arms and is already in jail custody. In view of such, let the petitioners 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 Additional Sessions Judge,F.T.C. III, Munger, in S. C. No. 824 of 2009 arising out of Bariarpur P.S. Case No. 68 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give 2 an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not an accused in any other case 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 be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)