IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34409 of 2009 MD.BASIM ALIAS LALLU SON OF MD. HASIM ALIAS BONGE, RESIDENT OF MOHALLA HUSSANPUR, P.S. MUJAHIDPUR, DISTRICT BHAGALPUR …. PETITIONER Versus STATE OF BIHAR ----------- 2. 13.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-B)A, 26, 35 of the Arms Act and ¾ of the Explosive Substance Act. Taking into consideration the fact that the petitioner was not arrested at the spot and his name was disclosed by the co-accused as being one of the conspirators for the plan of killing of one Kuldeep Yadav alias Kulo Yadav, but there is no substantive material to corroborate the same, let the petitioner above named, who is in custody since 14.3.2009 and is an accused in only one other case 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 C.J.M., Bhagalpur in connection with Ishakchak P.S. case No.11 of 2009, 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 and (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is 2 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. The Magistrate before releasing the petitioner on bail will verify the fact that the petitioner is an accused in only one other case. Narendra/ ( Anjana Prakash, J. )