IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45772 of 2009 MD. CHAND, son of Late Md. Jafoo @ Md. Jafar Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code and 25(1-B), A, 26, 35 of the Arms Act. Taking into consideration the fact that for recovery of two cartridge petitioner has remained in custody since 16.06.2009, let the petitioner who has no criminal antecedent, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, First Class, Patna City in connection with Bahadur Pur P.S. Case No. 61 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 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 (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 2 below will be at liberty to initiate the proceeding for cancellation of bail on the ground 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. Shageer (Anjana Prakash, J)