IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8609 of 2010 MITHU SINGH SON OF LATE NARSINGH YADAV Versus THE STATE OF BIHAR ----------- 2. 12.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1)A/B, 26 and 35 of the Arms Act. The petitioner was allowed bail by an order dated 3.2.2010 passed in Cr.Misc.No.2190 of 2010 on the submission that the petitioner had no criminal antecedents and, therefore, was required to file an affidavit in this regard in the court below at the time of release on bail. However, since the petitioner was an accused in two other cases, he could not file the affidavit and, therefore, was not released on bail by the court below. A fresh application has been filed bringing on record the fact that the petitioner is an accused in two other cases which arose out of land dispute between the parties and the informants of the cases are own brother and nephew of the petitioner. Under the circumstances, let the petitioner above named, who is in custody since 15.7.2009, 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, Buxar in Rajpur P.S.case No.104 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 giving genealogy as to how he is related with the petitioner, (ii) that the bailor shall also state on - 2 - 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, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )