IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.11209 of 2010 HORIL SAHANI, son of Indrasan Sahani Versus THE STATE OF BIHAR With Cr. Misc. No.12690 of 2010 Ganesh Sahani, son of Late Rudal Sahani Versus The State of Bihar ----------- 2/ 13.04.2010 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, 26 and 35 of the Arms Act. When the petitioners were arrested on suspicion, a country made pistol and twelve cartridges were recovered from the petitioner Horil Sahani, whereas, four cartridges were recovered from the possession of Ganesh Sahani. The petitioners are in custody since 3.12.2009 and have no criminal antecedents which fact will be verified by the court below before releasing the petitioners on bail. 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 the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Lauriya P.S. case no.114 of 2009, subject to the 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 undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the - 2 - 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (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. JA/- (Anjana Prakash, J.)