IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26672 of 2009 SHEKH HAFIZ @ LAMBOO SON OF AALI MOHAMMAD Versus STATE OF BIHAR ----------- 3. 09/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Section 25(1-b), 26 and 35 of the Arms Act. Taking into consideration the fact that for recovery of one country made looted pistol, the petitioner has remained in custody since 23.1.2009, 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 Shri T. Yadav, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Kanti P.S. Case No. 20 of 2009, Tr. No. 4638 of 2009 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will 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. (iii)That the petitioner will give an undertaking that he will receive the 2 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. The learned Magistrate before releasing the petitioner, will verify the antecedents of the petitioner in view of the alias name of the petitioner. S.Ali (Anjana Prakash, J.)