IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2696 of 2010 NIWASH YADAV, son of Late Mahendra Pd. Yadav Versus STATE OF BIHAR ----------- 3/ 04.03.2010 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 and 35 of the Arms Act and section ¾ of the Explosives Substance Act. When certain explosives substance were recovered from the joint hut of the present petitioner and Kailash Yadav, they disclosed that in fact Deepak Yadav had kept the same and the said Deepak Yadav and Amit Yadav deal in the illegal arms and explosives substance. Pursuant to which, when the house of Deepak Yadav was searched, arms were recovered from his possession. The brother of Deepak i.e. Amit Kumar was arrested, who confirmed that Deepak was dealing with illegal arms and explosives substance. Under the circumstances, since the recovery is not from the exclusive possession of the petitioner and he has no criminal antecedent, let the petitioner, above named, who is in custody since 5.11.2009, 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 the Chief Judicial Magistrate, Munger, in connection with Naya Ram Nagar P.S. case no.153 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 affidavit shall clearly state that - 2 - the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) 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 (iv) 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. JA/- (Anjana Prakash, J.)