IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22796 of 2010 NAZARUL NESSA @ NAZRUL NESHA WIFE OF HARUN MIAN Versus THE STATE OF BIHAR With Cr.Misc. No.23358 of 2010 MANJU SINGH @ JYOTI W/O RAM NARAYAN SINGH Versus THE STATE OF BIHAR ----------- 2. 8.7.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act. It has been submitted that even though the petitioners were caught on suspicion but from their possession no arms were recovered and they have no criminal antecedents In view of such, let the petitioners above named, who are in custody since 9.3.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in Kuchaikote P.S.case No.37 of 2010, subject to the conditions (i) That one of the bailors shall be the local since the petitioners belong to U.P. and the other bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state - 2 - that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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, (iv) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )