IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35491 of 2009 SANJEEV SAH, SON OF LATE RADHSHYAM SAH Versus THE STATE OF BIHAR ----------- 5. 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 and 26 of the Arms Act. The petitioner is behind the bars since 7.4.2009 on account of recovery of a pistol from his possession. A supplementary affidavit has been filed bringing on record the fact that the petitioner is an accused in two other cases of Arms Act in which also Arms were recovered from his possession and, therefore, it appears that he is a habitual offender. However, it has been submitted that the petitioner is not an Arms dealer and is ready to submit it to the Administration. 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Town P.S. Case No. 166 of 2009 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. (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 - 2 - 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 petitioner is directed to report to the Superintendent of Police, Muzaffarpur, within two weeks of his release along with a copy of this order, thereafter every fortnight, for the next nine months, during which period the petitioner’s conduct will be kept under watch and in case it is found wanting in any respect, a report shall be made to the court concerned who will then initiate a proceeding for cancellation of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. S.Ali (Anjana Prakash, J.)