IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.797 of 2010 1. ARUN SINGH, s/o Ram Prasad Singh, 2. Pradeep Singh, S/o Girdhari Singh, 3. Raju Kumar, S/o Ram Anuj Singh, & 4. Sachin Singh, S/o Ramanad Singh Versus STATE OF BIHAR With Cr. Misc. No.2392 of 2010 1. JITENDRA SINGH @ JITU SINGH son of Sri Ram Surat Singh & 2. Sanjay Singh son of Sri Hem Narayan Singh Versus STATE OF BIHAR ----------- 2/ 22.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 25(1-B) a /30/35 of the Arms Act. It has been submitted seven persons were found to be occupants of a BOLERO jeep in which three rifles and one gun apart from some cartridges relating to the said fire arms were recovered. None of the occupants were licence holders even though all the arms were having licences and the licences were also recovered from the Jeep itself. With regard to petitioner no.1 Arun Singh (Cr. Misc. No.797 of 2010), it has been stated that he was the grand son of Tirath Nath Singh in whose name two arms were existing. Submission is that since arms were having licence, it would not be a case punishable under section 25(1-B)A/30/35 of the Arms Act and at best it would a case under section 30 of the Arms Act which is bailable in nature. With regard to petitioner no.1 Jitendra Singh @ Jitu Singh (Cr. Misc. No.2392 of 2010), it has been submitted fairly that he - 2 - is accused in six other cases and the nature I find are more serious than the present one. In view of such situation, I am not inclined to grant bail to petitioner no.1 Jitendra Singh @ Jitu Singh (Cr. Misc. No.2392 of 2010) for the present. Accordingly, his prayer for bail is rejected. With regard to the rest of the petitioners, it appears that even though Arun Singh is accused in one other case which pertains under section 353 of the Indian Penal Code, whereas, rests of the petitioners do not have any criminal antecedents. Under the circumstances, let the petitioners, namely, 1. Arun Singh, 2.Pradeep Singh, 3. Raju Kumar, 4. Sachin Singh (Cr. Misc. No.797 of 2010) and 5. Sanjay Singh (Cr. Misc. No.2392 of 2010) 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 the Chief Judicial Magistrate, Bhojpur, in connection with Barahara P.S. case no.269 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for - 3 - reasons of misuse, and (iv) that the petitioner will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)