IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41183 of 2009 SAPAN KUMAR ROY Son of Late Mantu Roy Versus STATE OF BIHAR ----------- 2 30.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 & 414 of the Indian Penal Code and Section 25(1-B)a, 26/35 of the Arms Act. Taking into consideration for the recovery of a countrymade pistol and live cartridges from the petitioner, he has remained in custody since 30.6.2009 and has no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in connection with Barsoi P.S. Case No. 78 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 genealogy as to how he is related with 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 and (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 delay the trial in any manner, their bail will be liable to be 2 cancelled for reasons of misuse and (iv) 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. Spd/- (Anjana Prakash, J.)