IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44335 of 2009 RAHUL KUMARS/o Sri Tej Bahadur Prasad Versus THE STATE OF BIHAR ----------- 2 18.12.2009 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(1B)A, Arms Act. Taking into consideration the fact that for recovery of one live cartridge the petitioner has remain in custody since 2.9.2009 and he has no criminal antecedent, 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 C.J.M., Patna in connection with Jakkanpur P.S.case No. 174 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if 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 released in the present 2 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 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. Spd/- (Anjana Prakash, J.)