IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42588 of 2009 COMPOUNDER MAHTO @ COMPONDER MAHTO Versus STATE OF BIHAR ----------- 3. 08/03/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(B)(a), 26, 35 of the Arms Act and Sections 3/5 of Explosive Substance Act. It has been submitted that when the Police came looking for the son of the petitioner who was wanted in some other case, the petitioner was sleeping on the Verandah and from inside the house where the cattle food was kept, five Bombs and one country made pistol with a cartridge was recovered for which the petitioner has no explanation. However, taking into consideration the fact that the recovery was not made from the conscious possession of the petitioner and the petitioner is an accused in two cases of the year 1983 and 1989 and not of recent past, let the petitioner above named, who is in custody since 16.4.2009, 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 ADJ III, Banka, in connection with Sessions Trial No. 705 of 2009 arising out of Amarpur P.S. Case No. 92 of 2009 subject to the following 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 - 2 - 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 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. S.Ali (Anjana Prakash, J.)