IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40035 of 2009 SHEKH RIZWAN @ REYAZ @ RIZWAN SON OF SHEKH TUJAR Versus STATE OF BIHAR ----------- 2/ 25-11-2009 Heard both the parties. The petitioner seeks bail in a case institution under section 25(1-a)A, 26, 35 of the Arms Act. Taking into consideration the fact that for recovery of one country made pistol and one live catridge the petitioner has remained in custody since 29.12.2007 , let the above named petitioner who is in custody since be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Sri S.D.Upadhya, J.M., Ist Class, Motihari in connection with Tr. No. 2980 of 2008, arising out of Motihari Town P.S. Case No.371 of 2007 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 - 2 - 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. (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. ( Anjana Prakash, J ) BTiwary/