IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21714 of 2010 1. RAJU KUMAR S/O LATE GAURI SHANKAR SINGH 2. BIRU KUMAR @BIRU S/O VISHWANATH PRASAD Versus STATE OF BIHAR ----------- 2. 02.7.2010 Heard learned counsel for the petitioners and the State. The petitioners seeks bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Section (1B) (a) 26,35 of the Arms Act. Considering that the petitioners are in custody since 26.2.2010 for recovery of country made pistol and cartridges and has no criminal antecedent, 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 Addl. District & Sesions Judge IIIrd, Patna, in connection with S.Tr. No. 730 of 2010 (arising out of Petrakar Nagar P.S. case no. 40/2010), 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 - 2 - as to how he is related with the petitioners and the other bailor shall be the mother of the petitioners. 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 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 they will inform the court concerned if the petitioners are 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 misuses, (iv) 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 and trial in any manner, their bail will be liable to be cancelled for reasons of misuse. Fahad. ( Anjana Prakash, J. )