IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.759 of 2010 BRAJESH KUMAR PANDEY, S/O SRI DADAN PANDEY Versus THE STATE OF BIHAR **** /2/ 21.01.2010 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 and 26 of the Arms Act. 3. It has been submitted that the petitioner was suspected to have committed an act of murder upon which he was arrested and, thereafter, one pistol and two live cartridges were recovered from his possession for which he has remained in custody since 26.06.2009. It has been submitted that the motorcycle which he was driving and the articles which have been recovered from his house are not stolen and there is no parent case of the theft in the said matter. Taking into consideration the fact that the petitioner apart from the present case and having been a suspect in the case of murder is not accused in any other case, let the petitioner, above named, 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 Beur P.S. Case No. 120 of 2009 to the satisfaction of the Chief 2 Judicial Magistrate, Patna, 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 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. 4. Before releasing the petitioner on bail it will be verified by the Magistrate as to whether the petitioner is an accused in only two case in all. S.A. (Anjana Prakash, J)