IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25846 of 2010 1. BUNDAR @ BODAR YADAV @ KAMESHWAR SINGH, SON OF SRI JAGLAL SINGH 2. MINI YADAV, SON OF JAG NARAYAN YADAV Versus STATE OF BIHAR ----------- 2. 2.8.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-B)A/26/35 of the Arms Act. The allegation against the petitioners is that they threw away their arms when the police intercepted there but were apprehended there and then. Considering that the arms were not recovered from the conscious possession of the petitioners and are in custody since 23.6.2010 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 Sub-Divisional Judicial Magistrate, Bikramganj, Sasaram in Dawath P.S.case No.25 of 2010, subject to the conditions (i) That one of the bailors shall be the father/brother of the petitioners and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and - 2 - 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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. The fact that the petitioners have no criminal antecedents will be verified by the Magistrate concerned before releasing the petitioners on bail. Narendra/ ( Anjana Prakash, J. )