IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5357 of 2010 1. SHAMBHU YADAV,son of Pramanand Yadav 2. Balmiki Yadav,son of Anik Yadav Versus STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1) (a), 25(1-B) A (a), 26 and 35 of the Arms Act. It has been submitted that the recovery of arms were made from an open space and the petitioners were not arrested at the spot, rather their names were disclosed on the confessional statement of a co- accused, who was arrested at the spot. Taking into consideration the aforesaid fact, let the above named petitioners be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S.Case No.412 of 2008, subject to the conditions (a) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (c) 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, (d) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed 2 for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (e) that the petitioners will be well represented on each date and if they fails to do so on two consecutive dates, their bail will be liable to be cancelled. In view of the antecedent of the petitioners they are directed to appear before the Superintendent of Police, Khagaria within two weeks of their release from the jail custody with a copy of this order and every fortnight thereafter for the next six months, in which period their conduct will be watched and if it is found wanting in any respect a report shall be made to the court concerned by the Superintendent of Police, Khagaria to initiate a proceeding for cancellation of bail. The petitioners are required to file a certificate in the court below about their reporting to the Superintendent of Police, Khagaria and in case they fail to do so, a notice will be sent to them for cancellation of their bail. AH/ ( Anjana Prakash, J. )