IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41849 of 2009 1. MD.EHJAMUDDIN @ MUNNA, S/o Md. Hazi Imamuddin 2. Md. Hira, Son of Md. Raju Versus STATE OF BIHAR ----------- 3 18.12.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-A)(1-B)a 26, 27 and 35 of the Arms Act. Taking into consideration the fact that for recovery of a countrymade loaded pistol the petitioner has remained in custody since 16.5.2009, whereas the antecedents of the petitioners is concerned he is an accused in a case under Section 302 Indian Penal Code on the basis of suspicion and another case of Arms Act wherein it has been that the arms recovered in the present case had been purchased from the said accused Md. Ehjamuddin @ Munna in whose house the gun factory was running and apart from these antecedents the petitioners are not accused in any other case, let the petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Kotwali(Tatarpur) P.S.case 2 No. 298 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 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 released 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. Spd/- (Anjana Prakash, J.)