IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10167 of 2010 KAILASH SETH Versus STATE OF BIHAR ----------- 2/ 31.03.2010 Heard both the parties. The petitioner seeks bail in a case instituted under sections 399, 402, 414of the Penal Code, 25(1-b)A, 26 and 35 of the Arms Act. Taking into consideration the fact that the petitioner was arrested on suspicion along with co-accused persons from whose possession arms were recovered but no arms were recovered from the person of the petitioner , let the above named petitioner, 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 Chief Judicial Magistrate, Rohtas at Sasaram in Dehri (T) P.S.Case No. 538 of 2009 on the conditions : (A) 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. (B) 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. (C) That the bailor shall also state on affidavit - 2 - 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. (D) 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. ( Anjana Prakash, J ) BTiwary/