IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.9034 of 2010 MD.AJAD KHAN, son of Dharmy Khan Versus STATE OF BIHAR ----------- 2/ 16.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 25 (1-B) A, 26 and 35 of the Arms Act. The police on getting information that some miscreants have looted a businessman proceeded to apprehend the miscreants, in course of which, co-accused Mantu @ Ravi was arrested, who disclosed the name of the present petitioner as his companion. However, there has been no recovery from the petitioner’s possession either of the looted amount or any arms. Under the circumstances, let the petitioner, above named, who is in custody since 7.7.2009, 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 Chief Judicial Magistrate, Bhojpur at Arrah in connection with Charpokhari P.S. case no.179 of 2008, subject to the conditions (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,(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 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 - 2 - 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. The Magistrate is directed to consider amalgamation of Charpokhari P.S. case no.179 of 2008 with Charpokhari P.S. case no.178 of 2008, which are related to the same occurrence. JA/- (Anjana Prakash, J.)