IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33910 of 2009 BIPIN KUMAR RAI Son of Late Bishundeo Rai, resident of Village- Pipra Dewas, Police Station-Barauni, District-Begusarai -- Petitioner Versus STATE OF BIHAR ----------- 2 09-10-2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B)A,26 & 35 of the Arms Act. It is being submitted that from the house of the petitioner in a box a country-made Carbine with Magzine and two live cartridges were recovered which the petitioner explained was given by Banti Singh. Said Banti Singh had himself confessed this fact in Annexure- 2, which is an F.I.R. against him. The petitioner has no criminal history. Under the circumstances, let the petitioner above named who is in custody since 21.7.2009 be released on bail on furnishing bail bond of Rs.5000/-( five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.221 of 2009 subject to the following conditions that (i) 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) the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is , he shall not be released on bail and (iii) the bail shall also state on affidavit that he will inform the court concerned if the - 2 - petitioner is implicated in any other case of similar nature after his released 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. NKS/- ( Anjana Prakash,J)