IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27928 of 2010 1. NIRMAL KUMAR YADAV, SON OF ADYANAND YADAV 2. MD. ASMAT @ HASMAT, SON OF MD. DAUD Versus STATE OF BIHAR ----------- 2. 19.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 399, 402 of the Indian Penal Code, Sections 25(1-b)A, 26(ii) and 35 of the Arms Act. Subsequently Section 414 of the Indian Penal Code was added. Considering that for being in possession of a country made pistol and some cartridges, the petitioners have remained in custody since 21.2.2010 and have no criminal antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, FTC IV, Purnia in Sessions Trial No. 621 of 2010 arising out of Barhara (Raghubansh Nagar) P.S. Case No. 35 of 2010 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the father of the petitioners. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not 2 accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)