IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6764 of 2010 1. MANJU DEVI WIFE OF ALAKH PANDEY 2. ALAKH PANDEY SON OF LATE PALAKDHARI PANDEY Versus STATE OF BIHAR ----------- 4. 12.5.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-b)a/26/35 of the Arms Act. By an earlier order dated 10.3.2010 the petitioner no.1 had been granted bail on the ground that she was a lady, but with regard to petitioner no.2 the case diary was called for as also the report about his antecedents. The prosecution case is that two country made pistols were recovered from the room of the petitioner no.1 in his absence. The petitioner is in custody since 4.9.2009 and has no criminal antecedents. In view of such, let the petitioner no.2, above named, 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 Chief Judicial Magistrate, Bhojpur, Arrah in Ara Nawada P.S.case No.306 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. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )