IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5401 of 2010 1. PRAMOD YADAV, S/O JAINATH @ JAI NARAIN YADAV 2. RANJIT MANDAL, S/O BASUDEO MANDAL Versus STATE OF BIAHR **** /2/ 03.03.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 384, 386 and 307 of the Indian Penal Code and 25(1-b), a, 26, 27 and 35 of the Arms Act. 3. The prosecution case is that after threatening and firing at the son of the informant on account of non-payment of rangdari the petitioners were caught by the villagers and from the possession of petitioner no. 1, Pramod Yadav, fire arms were recovered suggesting that in fact he had participated in the present occurrence. However, there is no recovery from petitioner no. 2, Ranjit Mandal, who has no criminal antecedent either, in view of such I am not inclined to grant bail to petitioner no. 1, above named, for the present and his prayer for bail is rejected whereas petitioner no. 2, above named, is concerned, he is directed to be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Barhara (Raghuwansh Nagar) P.S. Case No. 118 2 of 2009 to the satisfaction of the Chief Judicial Magistrate, Purnea, on 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail, (iii) that the 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 and (iv) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)