IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17471 of 2010 RAKESH KUMAR @ PRAMOD KUMAR SINGH S/o Sri Tap Narayan Singh Versus STATE OF BIHAR ----------- 2/ 19.05.2010 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, 27 and 35 of the Arms Act. Prosecution case is that the petitioner was apprehended when he was said to have been fleeing away after having committed the offence under section 379 Indian Penal Code for which Katihar (M) P.S. case no. 6 of 2010 had been instituted. From the car where the petitioner was seated a country made pistol and a cartridge was recovered from under the carpet. Submission is that petitioner is not accused in the case mentioned in the First Information Report and the recovery was not from his conscious possession. In view of such, let the petitioner, above named, who is in custody since 9.4.2010, 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, Katihar, in connection with Katihar Mufassil P.S. case no. 30 of 2010, 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. Another bailor shall be local since the petitioner belongs to Purnea. The bailors will undertake to furnish information to the court about any change in the address of the - 2 - petitioner, (ii) That the affidavit shall clearly state that the petitioner is accused in only one other case which fact will be verified by the Magistrate before releasing the petitioner on bail, (iii)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, and (iv) 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. JA/- (Anjana Prakash, J.)