IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5420 of 2010 ASHOK KUMAR Versus STATE OF BIHAR -- -----a---- 2 23.2.2010 Heard the learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 399 and 402 of the I.P.C. and sections 25 (1-B) A/26/35 of the Arms Act. Taking into consideration the fact that no arms were recovered from the possession of the petitioner except a dagger and he has no criminal antecedent and is in custody since 8.9.2009, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Muzaffarpur, in Brahmpura P.S. Case No.111/09 subject to the conditions that (a) 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, (b) 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, (c) 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 a proceeding for cancellation of bail on the ground of misuse and (d) the petitioner will give an undertaking 2 that he will receive the police papers on the given date and be present on the 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. AnilKr.Sinha (Anjana Prakash, J.)