IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26279 of 2011 Bigan Tiwari, son of late Shree Ram Tiwari Versus The State Of Bihar ----------- 2. 10.08.2011 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)A, 26, 35 of the Arms Act and Sections 4/5 of the Explosive Substance Act. The prosecution case is that the petitioner had collected the co-accused with Arms and Bombs for committing dacoity in course of which they were arrested. It has been submitted that there is no Crusher Machine of the petitioner which is revealed from the RTI enquiry as also nothing was recovered from his conscious possession. Considering the same as also that subsequent to the present case, the petitioner was remanded in one other case before the present one, he was not implicated in any other case, let the petitioner above named, who is in custody since 16.5.2011, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (M) P.S. Case No. 287 of 2011 2 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 and the other shall be the mother of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of 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 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. (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is an accused in only one other case, will be verified by the Magistrate before releasing him on bail. S.Ali ( Anjana Prakash, J.)