IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20291 of 2010 1. PAWAN KUMAR MAHTO son of Rajeshwar Mahto & 2. Rajeshwar Mahto son of late Vikram Mahto Versus STATE OF BIHAR & ANR ----------- For the petitioners : Mr. Ajay Kumar Thakur, Advocate. For the Union of India: Mr. D. Surendra, C.G.C. For the State of Bihar : Mr. C. Jawahar, APP ------------ 4/ 20.07.2010 Heard learned counsel for the petitioners, Union of India and the State. The petitioners seek bail in a case instituted for the offence under sections 25(1-B) A, 26, 35 of the Arms Act and section 4/5 of the Explosives Substance Act and section 18 of the NDPS Act. The prosecution case is that on suspicion the house of the petitioner was searched and from a plastic bag kept in basket some arms and some powder suspected to be heroin and explosives materials was recovered. Submission of the counsel is that from the description of the place of occurrence it appears that recovery was made from a passage located behind the house of the petitioner and also when the inmates of the house were questioned they truthfully said that they heard some noise at night and slept and then recovery was made meaning thereby the recovery was made from the place which was easily accessible to everyone. Considering the same as also that the petitioners have no criminal antecedent and are in custody since 22.4.2010 and arms were - 2 - found to be ineffective, let the petitioners, above named, 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 Special Judge, NDPS Act, Madhubani, in connection with G.R. No.04 of 2010 arising out of Jainagar P.S. Case No.61 of 2010, 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 and the other bailor shall be the wife/mother of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not 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 the ground of misuse,(iv) that the petitioners 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. The fact that the petitioners have no criminal antecedent will be verified by the court below before releasing the petitioners on bail. JA/- (Anjana Prakash, J.)