IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25701 of 2010 1. HAQUE SAHAB, S/o Motiur Ali. 2. Marshid @ Murshid @ Manshed, S/o Late Marjan Ali. Versus THE STATE OF BIHAR ----------- 02. 30.07.2010 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 and 26 of the Arms Act. In the First Information Report the allegation is that unknown miscreants snatched the motorcycle of the informant but subsequently the miscreants came near the police on the alleged looted motorcycle and were nabbed. It was averred by the informant that the miscreants were unknown. However, from the address of the petitioners as well as the informant, I find that they belong to the same village and it appears improbable that the petitioners were not known to the informant and could know them only when they again came before the police. Considering the same, let the petitioners, above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two 2 sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Purnea in connection with S.Tr. No. 540 of 2010 arising out of K. Hat (Madhubani) P.S. Case No. 42 of 2010 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 and the other bailor shall be the father/brother of 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 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 3 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) 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. The fact that the petitioners have no criminal antecedents will be verified by the Court concerned before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)