IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2172 of 2010 BHIKHAR MAHTO, S/O DAROGA MAHTO Versus STATE OF BIHAR **** /2/ 04.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. 3. Taking into consideration the fact that the only three cartridges were recovered from the person of the petitioner and a mobile which the petitioner’s brother claimed to be his own for which the petitioner is in custody since 21.11.2009 and there is only one case pending against the petitioner, which is Goriakothi P.S. Case No. 23 of 2009 under Sections 323/34 and 279/34 of the Indian Penal Code, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Mairwa P.S. Case No. 149 of 2009 to the satisfaction of the Chief Judicial Magistrate, Siwan, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the 2 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 (iii) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)