IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3508 of 2010 MANI BHUSHAN RAI, S/O LATE ASHESHWAR RAI Versus THE STATE OF BIHAR **** /2/ 01.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 307 of the Indian Penal Code and 25(1-B)A and 26 of the Arms Act. 3. By an order, dated 08.09.2009, the petitioner was refused bail noting that the petitioner was an accused in the present case which was instituted for the offence under Section 307 of the Indian Penal Code and even the impugned order shows the same. However, on looking into the first information report I find that the present case pertains to only the Arms Act in which even though it has been stated that the petitioner was initially arrested with arms, but, he is said to have run away when co-villager freed him. Taking into consideration the fact that the petitioner is in custody since 06.04.2009, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Sessions Trial No. 314 of 2009 arising out of Patori P.S. Case No. 141 of 2008 to the 2 satisfaction of the Additional Sessions Judge, Fast Track Court, III, Samastipur, on the 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, (ii) 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 the ground of misuse and (iii) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)