IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15325 of 2009 UMESH PRASAD YADAV @ UMESH PD., S/O LATE BARAN YADAV Versus STATE OF BIHAR ----------- 4. 18.11.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-b), 26(ii) of the Arms Act. The first information report is that buried under the ground was a sten-gun purportedly belonging to the petitioner. A report had been called for whether the same was automatic in nature but the report says that it was not automatic and also the report of the petitioner’s antecedent is that he is an accused in only one other case. It has been submitted that the petitioner was arrested in another case on 8.7.2008 and thereafter he filed an application for being remanded in the present case on 14.7.2008 but was remanded only on 9.2.2009. Under the above mentioned facts and considerations, 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 S.D.J.M., Masaurhi, Patna in connection with Dhanarua P.S.case No.21 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related 2 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 and (iii) 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. Narendra/ ( Anjana Prakash, J. )