- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.39165 of 2009 MD.HUSSAIN @ CHOTKA KHURSHID son of late Md. Jalaluddin Versus STATE OF BIHAR ----------- 2/ 11.11.2009 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 of the Arms Act. Taking into consideration the fact that for the possession of one loaded country made pistol and two live cartridge the petitioner has remained in custody since 6.4.2009 and there is only one more case under section 379 of the Indian Penal Code against him, let the petitioner 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 the Chief Judicial Magistrate, Bhojpur at Arrah, in connection with Koilwar P.S. case no.32 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 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, (iii) 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 and (v) that the petitioner will be well represented on each date and if - 2 - he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)