IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33063 of 2010 SANJAY KUMAR RAI @ SANJAY RAI, son of Shiv Nath Rai … Petitioner Versus STATE OF BIHAR ….OP ----------- 2/ 01.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 25(1-B)A, 26/35 of the Arms Act.. It has been submitted that one country made rifle and four-five cartridges were recovered from the house of the petitioner and nothing has been recovered from his possession. He is in custody since 13.05.2010 and apart from the other connected cases, he has clean antecedent. Considering the fact that there is no other case pending against the petitioner, which fact will be verified by the Court below before releasing the petitioner on bail, 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 or any other surety to be fixed by the court concerned to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No.282 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner,(ii) That the affidavit shall clearly state that 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 - 2 - 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, (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. (v)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. Ashwini/- (Anjana Prakash, J.)