IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46587 of 2009 BISHWANATH PASWAN @ BHUT PASWAN SON OF SHRI BHIKHARI PASWAN Versus STATE OF BIHAR ----------- 2. 14.1.2010 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 the Arms Act. It has been submitted that as per the first information report, from a bag ganja was recovered along with certain arms. The said bag was said to have been lying in the courtyard of the petitioner’s house. The petitioner was not caught at the spot and succeeded in fleeing away. For the recovery of ganja, a separate case under N.D.P.S. Act was instituted, in which the petitioner has been released on bail by this Court. Taking into consideration the aforementioned facts as also that the petitioner apart from these two cases is not an accused in any other case, let the petitioner above named, who is in custody since 20.12.2008, 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 Shri Md. Geyasuddin, Judicial Magistrate, Ist class, Bettiah, District West Champaran in Trial No.2886 of 2009 arising out of Majhaulia P.S.case No.98 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner, (ii) that the bailor shall also - 2 - 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 the ground of misuse of bail and (iii) 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 fact that the petitioner is not an accused in any other case besides the two instituted for the same occurrence mentioned herein will be verified by the Magistrate concerned before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )