IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13198 of 2010 BANARSI YADAV SON OF GAZI YADAV Versus STATE OF BIHAR With Cr.Misc. No.15495 of 2010 NARESH MISTRY SON OF LATE ROHAN SHARMA Versus THE STATE OF BIHAR ----------- 2. 29.4.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-B)A/26(ii)/35 of the Arms Act. When one Sanjay Kumar Yadav was arrested in Sikandara P.S.case No.12 of 2010, he confessed that he had committed the murder of Ranjit Burnwal with a pistol, which he had purchased from Naresh Mistry and had given it to Banarsi Yadav to keep. When Sanjay Kumar Yadav demanded the pistol from Banarsi Yadav, said pistol was recovered from the khalihan. In view of such, let the petitioners above named, who are in custody since 2.2.2010 and have no criminal antecedents, 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 Chief Judicial Magistrate, Jamui in Sikandara P.S.case No.22 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners The bailor will undertake to furnish information to the - 2 - court about any change in the address of 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, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 (iv) 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 cancelled for reasons of misuse. The Magistrate concerned shall consider amalgamation of the present case with Sikandara P.S.case No.12 of 2010 u/s.220 Cr.P.C. since both the cases are inter linked. Narendra/ ( Anjana Prakash, J. )