IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9559 of 2010 SUNIL PASWAN, son of Yugeshwar Paswan Versus THE STATE OF BIHAR ----------- 2/ 29.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 414 of the Indian Penal Code and section 25(1- B) A, 26 and 35 of the Arms Act. The petitioner was arrested on 30.10.2009 on suspicion and thereafter a country made loaded pistol was recovered from his possession for which the present case was instituted. It was found that the motor cycle which the petitioner was riding along with the co- accused was also stolen and was the subject matter of Kankerbagh P.S. case no.326 of 2009, on account of which the petitioner was remanded in that case as well. It has been submitted that the petitioner is not accused in any other case besides the present two mentioned above. In view of such, 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Nagarnausa P.S. case no.139 of 2009, subject to the conditions (i) that one of the bailors will be father of the petitioner, who will undertake for the petitioner’s conduct after his release from the jail custody, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other - 2 - 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 (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. JA/- (Anjana Prakash, J.)