IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27636 of 2010 GORAKH TIWARY, SON OF DAYANAND TIWARY Versus STATE OF BIHAR ----------- 2. 18.08.2010 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 and 35 of the Arms Act. It has been submitted that the petitioner was arrested in the house of his cousin Raju Tiwary from where under the bed, some Arms were recovered. The specific assertion of the petitioner that he has no criminal antecedents which fact will be verified by the Magistrate by calling for a report from the Superintendent of Police, Kushinagar (Uttar Pradesh) since the petitioner resides in the District of Kushinagar. In view of such, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari, in Govindganj P.S. Case No. 36 of 2010 subject to the following 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, the 2nd bailor shall be the local since the petitioner belongs to Kushinagar (U.P.) and the 3rd bailor shall be the father/brother 2 of the petitioner. The bailor will undertake to furnish information to the court about any change in address of 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 below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (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. (v) 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. S.Ali ( Anjana Prakash, J.)