IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5156 of 2011 SANJAY KUMAR RAI @ SANJAY RAI, S/o Shiv Nath Rai. Versus THE STATE OF BIHAR ----------- 02. 20.04.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B) A, 26 and 35 of the Arms Act. The petitioner was allowed bail by order dated 01.10.2010 vide Cr. Misc. No. 33063 of 2010 noting therein that he had clean antecedents apart from the other connected case. When the Magistrate called for a report about his antecedents the police reported that he was an accused in one other case and, therefore, the petitioner was refused bail. It has been submitted on behalf of the petitioner that this Court had taken note of the fact that the petitioner was an accused in one other case therefore he should be released on bail. The order dated 01.10.2010 is clarified to the extent that this Court had taken into consideration that the petitioner is an accused in one other case. Under the circumstances, let the petitioner, above named be released on bail despite him being an accused in one other case on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri A.K. Bharti, Judicial Magistrate, 1st Class, Muzaffarpur (or his successor) in connection with Gaighat P.S. Case No. 282 of 2009 subject to the following conditions:- (i) 2 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 also undertake to inform the Court if there is any change in the address of 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 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. Vikash/- (Anjana Prakash, J.)