IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26397 of 2009 MD.MAQUEBUL @ MD.MAKBUL S/O SABAR ALI, RESIDENT OF VILLAGE RAMPUR, NARGADA, P.S. SADAR, DISTRICT PURNEA … PETITIONER Versus STATE OF BIHAR … O.P WITH Cr.Misc. No.26395 of 2009 MD.HAZRAT @ HAZZA S/O JOHAK ALI, RESIDENT OF VILALGE RAMPUR NARGADA, P.S. SADAR, DISTRICT PURNEA …. PETITIONER Versus STATE OF BIHAR … O.P ----------- 2. 21.8.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 399 and 402 of the Indian Penal Code and 25(1-B)a/26(2)/35 of the Arms Act. Taking into consideration the fact that the petitioners were not arrested at the spot and their name was disclosed by the co-accused persons, who were apprehended by the police and the fact that the petitioners are in custody since 6.3.2009 and 6.4.2009 respectively, 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 3rd Additional Sessions Judge, Purnea in connection with Sadar P.S.case No.447 of 2008 (Sessions Trial No.368 of 2009) in Cr.Misc.No.26397 of 2009 and Chief Judicial Magistrate, Purnea in connection with Sadar P.S.case No.447 of 2008 in Cr.Misc.No.26395 of 2009, subject to the conditions (i) 2 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 and (ii) 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 the ground of misuse. It is being submitted that the petitioners are accused in only two other cases besides the present one. It will be open to the Magistrate concerned to call for a report in this regard and in case it is found to be incorrect, petitioners will be not released on bail. Narendra/ ( Anjana Prakash, J. )