IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16244 of 2010 1. AWAHDESH MISTRI, SON OF LATE PRASADI MISTRI 2. RAJ KUMAR MISTRI, SON OF LATE PUNJABI MISTRI Versus STATE OF BIHAR ----------- 3. 01.07.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-AA), 25(1-b)A, 26(ii) and 35 of the Arms Act. The petitioners were refused bail earlier by an order dated 23.11.2009 vide Cr. Misc. 38547 of 2009 for recovery of huge amount of Arms but now the petitioners have remained in custody since 28.12.2008 and the petitioners undertake not to indulge in similar activity after they released from jail custody. Considering the same, let the petitioners above named, 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 Additional Sessions Judge 1st, Hilsa (Nalanda) in Sessions Trial No. 206 of 2009 arising out of Telhara P.S. Case No. 109 of 2008 subject to the following 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 and the other shall be the brother/wife of the petitioners. The bailor will undertake to furnish information to the Court about any change 2 in address of the petitioners. (ii)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. (iii)That the petitioners 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 they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)