IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33006 of 2011 1. Azad Khan son of Samat Khan 2. Jakir Khan @ Pyara Khan son of Najim Khan Versus The State Of Bihar ----------- 2. 13.10.2011 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/26/35 of the Arms Act. By an order dated 24.3.2011 vide Cr.Misc.No.8473 of 2011 the petitioners were refused bail since they were arrested with arms. The prayer for bail has been renewed on the ground that now the case instituted for robbery has been amalgamated to the present case and the petitioners are in custody since 19.11.2010 whereas charges have now been framed. Considering the aforesaid as also that apart from the two cases mentioned above the petitioners have fair antecedents, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri Sanjay Priya, Judicial Magistrate, 1st class, Katihar in connection with Azamnagar P.S. Case No.149 of 2010, subject to the conditions (i) That one of the bailor will be a close relative of - 2 - the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners and the other bailor shall be the wife/mother/brother of the petitioners. The bailor will undertake to furnish information to the Court about any change in address of 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 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )