IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9623 of 2010 GHUTAR YADAV SON OF BISHUNI YADAV Versus STATE OF BIHAR ----------- 2. 29.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections25 (1-B)A, 26, 35 of the Arms Act. When the petitioner was arrested on suspicion, a loaded pistol was recovered from his possession, for which he has remained in custody since 9.4.2009. It has been submitted that apart from two other cases i.e. Kako P.S.case No.18 of 2009 and Pali P.S.case No.7 of 2009 related with the present occurrence instituted u/s.395 I.P.C. and also u/s.414 I.P.C., the petitioner is not an accused in any other case, which fact will be verified by the Magistrate before releasing the petitioner on bail. Under the circumstances, 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 Sub Divisional Judicial Magistrate, Jehanabad in Kako P.S.case No.19 of 2009, subject to the 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 - 2 - 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. The Magistrate concerned is directed to consider amalgamation of Kako P.S.case No.18 of 2009 and Pali P.S.case No.7 of 2009 with the present case since all three cases arise out of the same occurrence. Narendra/ ( Anjana Prakash, J. )