IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21824 of 2010 HARI KISHUN BELDAR @ HARI KISHUN CHUHAN SON OF GANGA BISHNU BELDAR @ GANGA BISHNU CHAUHAN Versus STATE OF BIHAR ----------- 2. 6.7.2010 Learned Counsel for the petitioner is permitted to make correction in paragraph 1 of the petition in course of the day. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act. Considering that the petitioner is in custody since 10.12.2009 for recovery of a country made loaded pistol and two live cartridges and has no criminal antecedents and is an HIV patient and the petitioner’s mother is ready to stand surety for him. In view of such, 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 to the satisfaction of Additional Sessions Judge, F.T.C.No.4th, Purnea in S.T.No.320 of 2010 arising out of K.Hat (Sahayak) P.S.case No.486 of 2009, subject to the conditions (i) That one of the bailors shall be local since the petitioner belongs to Nalanda district and the second bailor shall be the mother of the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if - 2 - he is he shall not be released on bail, (iii) 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 and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on 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. Narendra/ ( Anjana Prakash, J. )