IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3173 of 2010 MD. EJAZ, SON OF MD. SAMSUDDIN Versus STATE OF BIHAR ----------- 7. 28.09.2010 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 and 35 of the Arms Act. It has been submitted that when some miscreants were sought to be arrested in a case of moving with Arms, the miscreants ran away leaving behind two motorcycles, one of which allegedly belonged to the son of the petitioner. Considering that the petitioner was not arrested at the spot and he is in custody since 18.8.2009, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri Shivchand, Judicial Magistrate, 1st Class, Munger, in Jamalpur P.S. Case No. 130 of 2003 (G.R. No. 1282 of 2003) subject to the following 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. The bailor will undertake to furnish information to the Court about any change in 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 2 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. The fact that the petitioner is not an accused in any other case of similar nature shall be verified by the Magistrate before releasing the petitioner on bail. In case any petition has been filed for release of the alleged vehicle on behalf of the petitioner, the same shall be rejected since the plea has been taken that the vehicle does not belong to the petitioner or his son. S.Ali ( Anjana Prakash, J.)