IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41453 of 2009 ARBIND YADAV @ ARBIND KUMAR YADAV . S/o Gurudeo Yadav Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 25(I-b)a, 26 and 35 of the Arms Act. Taking into consideration the fact that for recovery of one loaded revolver and 2 live cartridges , the petitioner has remained in custody since 22.5.2009 and before the present case, the petitioner was not accused in any other case and subsequently he has been made accused in one other case, let the petitioner above named 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 the Chief Judicial Magistrate, Araria in Narpatganj P.S. Case no. 64 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 (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 do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons - 2 - of misuse. The fact that the petitioner was not accused in any other case before the present case will be verified by the Magistrate concerned and if found to be correct, the petitioner will be released on bail. shahid (Anjana Prakash, J)