IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33134 of 2010 MD.JIYAUDDIN, son of Md. Domi Mian Versus STATE OF BIHAR ----------- 2/ 01.10.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 393 of the Indian Penal Code and under Sections 25(1-b) a, 26/35 of the Arms Act.. It has been submitted that there is no recovery from the possession of the petitioner and the petitioner has fair antecedent. Considering the fact that the petitioner has clean antecedent, which fact will be verified by the Court below before releasing the petitioner on bail, let the petitioner above named, who is in custody since 31.05.2010, 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 the Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 158 of 2010, 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 bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) 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 - 2 - bail on the ground of misuse, (iv)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 (v)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. Ashwini/- (Anjana Prakash, J.)