IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14366 of 2011 Ishwar Kumar, S/o Late Bhola Ram. Versus The State of Bihar -------------- 03. 16.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B) A and 26 of Arms Act. The petitioner was refused bail by order dated 13.09.2010 since 27 cartridges were recovered from his possession. The petitioner has renewed his prayer for bail on the ground that he is in custody since 25.04.2010 and only four witnesses have been examined during trial which is confirmed by the Trial Court. Considering the period of custody as also the undertaking of Birendra Prasad the cousin brother of the petitioner, 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 or any other surety as fixed by the Court to the satisfaction of Sri P.A. Kaushik, Judicial Magistrate, 1st Class, Nalanda at Biharsharif (or its successor) in connection with Sohsarai P.S. Case No. 49 of 2010 (G.R. No. 935 of 2010) subject to the following conditions:- (i) That one of the bailors will be cousin brother of the petitioner namely 2 Birendra Prasad who will give an affidavit giving genealogy as to how he is related with the petitioner and the other bailor shall be local since the petitioner belongs to Shekhpura. The bailor will also undertake to inform the Court if there is any change in the address of 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 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 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. Vikash/- (Anjana Prakash, J.)