IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8989 of 2010 RAJESH YADAV Versus STATE OF BIHAR ----------- 3/ 31.03.2010 Heard both the parties. The petitioner seeks bail in a case instituted under section 25(1-B) a/26/35 of the Arms Act Taking into consideration the fact that petitioner for possession of one country made pistol and two live cartridges has remained in custody since 11.10.2009 and apart from one another case pending against him, he has no criminal antecedent, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 5,000/- ( Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan inMairwa P.S.Case No.121 of 2009 on the conditions : (A) 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. (B) 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 - 2 - cancellation of bail on the ground of misuse. (C) 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. (D) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The learned Magistrate before releasing the petitioner on bail will verify the fact that there is only one another case, i.e. Mairwa P.S. CaseNo. 99 of 2001 pending against him and if it is found to the contrary, the petitioner will not be released on bail. ( Anjana Prakash, J ) BTiwary/