IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11317 of 2010 1. RAKESH PASWAN, S/o Sri Fakira Paswan. 2. Rajiv Paswan @ Rajiv Kumar, S/o Naresh Paswan. Versus THE STATE OF BIHAR ----------- 02. 15.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 25(1-B) A, 26 and 35 of the Arms Act. When the house of one Hare Ram Paswan was searched, he disclosed the name of the present petitioners and that they could be present in the house of Rajendra Paswan. However, when the house of Rajendra Paswan was searched the petitioners were not found but incriminating articles were recovered. The submission is that the petitioners have been implicated in this case only on account of their previous criminal history and there has been no recovery from their possession. In view of such, let the petitioners above named who are in custody since 24.07.2009 be released on bail on furnishing bail bonds of Rs. 2 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda in connection with Noorsarai P.S. Case No. 99 of 2009 subject to the following 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (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. (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 delays the trial in any manner, their bail will be liable to be cancelled for reasons 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 3 bail will be liable to be cancelled. In view of the antecedents of the petitioners, the petitioners are directed to appear before the Supdt. of Police, Nalanda within fifteen days of their release with a copy of this order and thereafter every two weeks for the next nine months. The conduct of the petitioners will be kept under watch in this period by the S.P. concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioners before the court concerned. Vikash/- (Anjana Prakash, J.)