IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42991 of 2009 UPENDRA MANJHI S/O GANESH MANJHI Versus STATE OF BIHAR With Cr.Misc. No.43146 of 2009 THEPU MANJHI SON OF DHUMA MANJHI Versus STATE OF BIHAR ----------- 2. 14.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-b)A/26/27/35 of the Arms Act. Taking into consideration the fact that the petitioners were not apprehended at the spot nor any recovery was made from their possession, let the petitioners above named, who are in custody since 15.7.2009 and 21.7.2009 respectively and have no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Atri P.S.case No.72 of 2006, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present - 2 - case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )