IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27398 of 2009 MITHILESH PASWAN Son of Surendra Paswan, Resident of Village Mathai, P.S.-Madhepura, Distt.-Madhepura. Versus THE STATE OF BIHAR ----------- 02. 27.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 414/34 of the Indian Penal Code and Section 25(1-B) A, 26 and 35 of the Arms Act. Taking into consideration the fact that there is no report about the stolen motor-cycle and the allegation against the petitioner is that one country-made loaded pistol and two live cartridges were recovered from the possession of the petitioner for which he has remained in custody since 08.12.2008, let the petitioner 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 574 of 2008 (G.R. No. 2152 of 2008) subject to the following conditions :- (i) That one of the bailors will be a close relative of the petitioner who will - 2 - give an affidavit giving genealogy as to how he is related with the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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. It is being submitted that the petitioner is an accused in only one other case i.e. Madhepura P.S. Case No. 70 of 2005 which fact will be verified by the Magistrate concerned and in case it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)