IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38554 of 2010 1. MANOJ TIWARI, S/o Late Agnideo Tiwari. 2. Santosh Tiwari, S/o Suresh Tiwari. Versus THE STATE OF BIHAR ----------- 02. 10.11.2010 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 prosecution case is that when the co- accused Dhananjay Tiwary and Subhash Tiwary were arrested in a case of murder they disclosed that the petitioners had hidden the arms used in the transaction in the house of Alagu Mallah whereafter the arms were recovered from there. The submission is that neither the petitioners confessed nor were the recoveries made from their possession. 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 sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahmpur P.S. Case No. 358 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will 2 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 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. (iii) 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. (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. It has been submitted that the petitioners are an accused in only one other case of murder mentioned in the First Information Report which fact will be verified by the Magistrate concerned before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)