IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23879 of 2010 SURESH RAM S/O DARPI RAM Versus STATE OF BIHAR ----------- 3. 30.08.2010 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(ii)/35 of the Arms Act. The petitioner was refused bail earlier by an order dated 11.2.2010 vide Cr.Misc. No. 3732 of 2010 but thereafter the matter was placed for admission on 11.8.2010 with the obvious intent to grant bail to the petitioner on the said date. Considering the same, let the petitioner who is in custody since 3.10.2009, 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 learned Chief Judicial Magistrate, Madhubani in connection with Jay Nagar P.S. Case No. 177/2009, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner 2 and the other bailor shall be the brother of the petitioner. who will give an affidavit giving genealogy as to how he is related with 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 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 if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate in seisin of the case will consider amalgamation of the present case with Jai Nagar P.S. Case no. 176 of 2009 since both the cases arise out of the same occurrence. Fahad. ( Anjana Prakash, J. ) 3