IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19564 of 2011 Hakim Singh son of Late Tej Narayan Singh Versus The State Of Bihar ----------- 3/ 28.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 414 of the Indian Penal Code and section 25(1-B), 26 of the Arms Act. The prosecution case is that when the house-cum-shop of the petitioner which was allegedly sealed earlier by the Excise Department was raided on suspicion that he continued to do the business in the same, a country made pistol was found there. Admittedly, the petitioner was not present at the place of occurrence. Considering the same, it is ordered that in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order, in connection with Ara Town P.S. Case No.438 of 2010, he shall be released on anticipatory 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, Ara, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state 2 on affidavit that they 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 (iv) 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. JA/- (Anjana Prakash,J.)