IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31616 of 2011 Rajo Mistri, son of Late Prasadi Mistri Versus The State Of Bihar ----------- 2. 23.09.2011 Heard learned counsel for the petitioner and the State. The petitioner was refused bail by an order dated 23.3.2011 passed in Cr. Misc. 6672 of 2011 since there was an allegation that he was manufacturing Arms but it was stated therein that the prayer for bail was being rejected at this stage. The petitioner has renewed his prayer for bail on the ground that after charge, the seizure witness has also been examined but did not support the case of the prosecution. The specific assertion is that there is no other case pending against the petitioner. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of F.T.C.-IV, Nawadah, in connection with Sessions Trial No. 100 of 2011/8 of 2011 arising out of Sirdala P.S. Case No. 135 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 and the other shall be the 2 brother-in-law of the petitioner namely Ravi Kumar Vishwakarma. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall clearly state that a petition filed on behalf of the petitioner that there has been any case pending against him 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.)