IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1092 of 2010 SUDHIR SINGH SON OF RAM BALI SINGH Versus THE STATE OF BIHAR ----------- 4. 16.3.2010 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/26/35 of the Arms Act. The allegation against the petitioner is that the petitioner was suspected to have gathered some criminals since he wanted to settle the land dispute with one Ballabh Yadav and, therefore, his house was raided from where some arms were recovered. The petitioner submits that in fact he had land dispute with his brother Lallan Singh and he had been ousted from the ancestral house (the place of recovery) on account of which he used to live in Patna and, therefore, the arms recovered from his ancestral house cannot be said to be in his possession. The admitted position is that the petitioner was not arrested at the spot. In view of such, let the petitioner above named, who is in custody since 20.8.2009, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in Harnaut (Telamar) P.S.case No.177 of 2009, 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 - 2 - 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 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 and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The fact that the petitioner is not an accused in any other case of Arms Act will be given on affidavit in the court below and the Magistrate concerned is directed to make enquiry into the matter and if it is found to the contrary the petitioner will not be released on bail. Narendra/ ( Anjana Prakash, J. )