IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19001 of 2010 NITISH KUMAR @ NITESH KUMAR son of Sri Naresh Singh Versus THE STATE OF BIHAR ----------- 2/ 21.05.2010 In view of the office note, filing of the certified copy of the impugned order is dispensed with. Heard learned counsel for the petitioner and the State. On 12.4.2010 vide Cr. Misc. No.10679 of 2010, the petitioner was allowed bail on verification being made that the petitioner is not accused in any other case of robbery, dacoity or Arms Act. When verification was made, it was found that the petitioner was an accused in Barauni (Chakia) P.S. case no.101 of 2007 under section 302, 201 Indian Penal Code and section 27 of the Arms Act. The observation obviously meant that the petitioner was not accused in any other case of Arms Act, where the recovery of arms have been effected, and was not to mean that the Arms Act would be an allied section along with main sections. In view of such, let the petitioner, above named, 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 the Chief Judicial Magistrate, Begusarai, in connection with Barauni (Garhara) P.S. Case No. 309 of 2008, subject to 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the - 2 - bailors shall also state on affidavit that they 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, and (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)