IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28455 of 2010 NAWAL YADAV S/O SAHDEO YADAV Versus STATE OF BIHAR WITH Cr.Misc. No.28441 of 2010 PASHUPATI PANDEY S/O DEO NANDAN PANDEY Versus THE STATE OF BIHAR ----------- 2. 23.08.2010 Heard learned Counsel for the petitioners and the State. The petitioners seeks bail in a case instituted for the offence under Sections 399/402 of the Indian Penal Code and 25 (1-B) A, 26/35 of the Arms Act. It has been submitted that the petitioners are in custody since 9.12.2009 for being in possession of a country made pistol and two live cartridges but they have no criminal antecedents. In view of such, Considering the same, 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 or any other surety to be fixed by 2 the court concerned to the satisfaction of learned Additional Sessions Judge (F.T.C.IV), Purnea in connection with K.Hat (Sahayak) P.S. Case No. 486/2010 and S.Tr. No. 320/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners and the other bailor shall be the father/brother of the petitioners. who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he 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 ground of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J )