IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23440 of 2011 Janardan Dubey, son of Late Ram Chandra Dubey Versus The State Of Bihar ----------- 2. 01.08.2011 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 and 26 of the Arms Act. The background facts of the case is that earlier the petitioner is said to have produced fire arms allegedly recovered from the possession of one Pappu Yadav which allegation was found false and the present case was instituted against the petitioner himself being the Informant of the said case since he was the person who had produced fire arms. It is submitted that the petitioner is an accused in only one other case in which he was remanded subsequently to the institution of the present case. This fact shall be verified by the Magistrate before releasing the petitioner on bail. Considering the aforesaid, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with three sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Budha Colony P.S. Case No. 28 of 2010 subject to the following conditions: (i) That one of the bailors will 2 be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, the second bailor shall be the nephew (Bhagina) of the petitioner namely Ashok Kumar Pandey and the third bailor must be local since he belongs to Buxar. The bailor will undertake to furnish information to the court about any change in the address of the petitioner (ii)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 (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. (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. S.Ali ( Anjana Prakash, J.)