IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27387 of 2009 SANJIV MAHTO @ RAM SANJIWAN MAHTO SON OF RAMSHRESTH MAHTO, RESIDENT OF VILLAGE NANPUR TOLA JIRAT TOLA, POLICE STATION NANPUR, DISTRICT SITAMARHI …. PETITIONER Versus STATE OF BIHAR ….. O.P WITH Cr.Misc. No.27410 of 2009 GIRENDRA BHAGAT @ GIRI JEE @ GIRI @ GIRISH NANDAN KUMAR SON OF RAM CHANDRA BHAGAT, RESIDENT OF VILLAGE BELAHIYA, P.S. BAJOPATTI, DISTT. SITAMARHI …. PETITIONER Versus STATE OF BIHAR … O.P ----------- 2. 26.8.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 399 and 402 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act. Taking into consideration the fact that only one loaded countrymade pistol with live cartridges were recovered from the pockets of the petitioners and they have no criminal antecedents, let the petitioners above named, who are in custody since 26.3.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C.VII, Sitamarhi in connection with S.Tr.No.235 of 2009 arising out of Sitamarhi P.S.case No.219 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, 2 (ii) that the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail and (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. Narendra/ ( Anjana Prakash, J. )