IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26383 of 2009 RINKU KUMAR, S/o Sri Shambhu Prasad, Resident of Mohalla- Rahul Nagar Brahampura, P.S.-Brahampura, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02. 27.08.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B) A, 26 and 35 of the Arms Act. Taking into consideration the fact that one loaded country-made pistol and five live cartridges were recovered from the possession of the petitioner for which he has remained in custody since 23.03.2009 and 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 Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 71 of 2009 subject to the following conditions :- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit - 2 - giving genealogy as to how he is related with 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. It is being submitted that the petitioner was accused in only one other case besides the present one i.e. Ahiyapur P.S. Case No. 163 of 2008 in which he has been acquitted. The same shall be duly verified by the Magistrate concerned and in case it is found to be incorrect the petitioner will not be released on bail. Vikash/- (Anjana Prakash, J.)