IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23797 of 2009 SANOJ YADAV, son of Devanandan Yadav, resident of village Shiswa, P.S. Gogari, district Khagaria .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /4/ 26.10.2009 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 25(1)AA, 26, 29 and 35 of the Arms Act. 3. It is being submitted that in the first information report itself it has been stated that the place from where recoveries were made belong to one Amar Singh and not the petitioner and during investigation witnesses have stated that when the petitioner has gone to the pumping set to fetch water he started running on seeing others running and in that transaction he was arrested by the police on suspicion and framed in the case. 4. Taking into consideration the aforementioned submission as also the fact that the petitioner, above named, is not an accused in any other case, let he be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with 2 Gogari P.S. Case No. 52 of 2009 to the satisfaction of the Chief Judicial Magistrate, Khagaria, on 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 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 and (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. S.A. (Anjana Prakash, J.)