1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15259 of 2010 ASIMA KHATOON, W/o Md. Mubarak Hussain. Versus THE STATE OF BIHAR ----------- 02. 12.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B) A, 26 and 35 of the Arms Act. The police recovered a bag from near the petitioner from where the husband and the petitioner’s son-in-law fled away. In the said bag three country-made pistols and three magazines were recovered. The submission is that the same did not belong to the petitioner who is a lady and in custody since 19.01.2010 and has no criminal antecedent. In view of such, 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 to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria Rail P.S. Case No. 02 of 2010 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 also undertake to 2 inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is she 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 her 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. (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)