IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38409 of 2010 MD.ISHTIYAK KHAN @ PAPPU S/O MD. MASTAQUE Versus THE STATE OF BIHAR with Cr.Misc. No.38735 of 2010 DEEPAK KUMAR S/O BHARAT RAI Versus STATE OF BIHAR ----------- 2. 10.11.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25 (1-b) A, 26/35 Arms Act and 3/4 of the Explosive Substance Act. Considering that the petitioners are in custody since 23.6.2010 for recovery of country made pistol and two live cartridges and have fair 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 or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 207/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an 2 affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the father/brother 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 an 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 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 delays 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )