IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39252 of 2009 PANKAJ KUMAR, son of Charitra Mandal .. Petitioner Versus STATE OF BIHAR .. Opposite Party With Cr. Misc. No.39810 of 2009 BABULAL MANDAL, son of Shivjee Mandal .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 11.11.2009 Annexure 4, which has been filed in Cr. Misc. No. 39810 of 2009, is permitted to be ignored. 2. Heard both the sides. 3. The petitioners seek bail in a case instituted under Sections 399, 402, 307 and 353 of the Indian Penal Code 25(1-b)A, 26, 35 and 27 of the Arms Act. 4. Taking into consideration the fact that the petitioners were arrested on suspicion along with some other co-accused persons with arms, but, they have no criminal antecedent and have remained in custody since 23.05.2009, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) 2 each with two sureties of the like amount each in connection with Muffasil P.S. Case No. 136 of 2009 to the satisfaction of the Chief Judicial Magistrate, Munger, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioner(s) is/are not an accused in any other case and if he/they is/are, he/they shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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. S.A. (Anjana Prakash, J.)