IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21306 of 2010 SRI MUSAHAR, S/o Late Jagdish Musahar. Versus THE STATE OF BIHAR ----------- 02. 28.06.2010 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 and 26 of the Arms Act. It has been submitted that in the petitioner’s absence his house was searched from where a country-made loaded pistol was recovered. It has further been submitted that earlier the petitioner was an accused in three other cases of the year 1987, 1994 and 1996 but in all the cases he has been acquitted of the charges and presently there is no other case pending against him. In view of such, let the petitioner, above named who is in custody since 13.06.2009 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 Sri Jitendra Kumar, Judicial Magistrate, 1st Class, Rohtas at Sasaram (or his successor) in connection with Nokha 2 P.S. Case No. 179 of 2008 (G.R. No. 2444 of 2008, Tr. No. 1660 of 2010) subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. (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. Vikash/- (Anjana Prakash, J.)