IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29852 of 2010 BIJAY CHAUDHARY S/O CHANDRA CHAUDHARY Versus STATE OF BIHAR ----------- 2. 03.09.2010 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 Arms Act and under Section 414 of the Indian Penal Code. It has been submitted from the back of the house two pistols and one live cartridge were recovered for which the petitioner is in custody since 6.5.2010. Considering that the actual recovery was not from the conscious possession of the petitioner and he has no criminal antecedent, 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 Sub-Divisional Judicial Magistrate, Sherghatty (Gaya) in connection with Barachatty P.S. Case No. 89/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give 2 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he 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 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, (iv) 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, (v) 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 Fahad. ( Anjana Prakash, J. )