IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26103 of 2009 1. HARO YADAV Son of Janardan Yadav Resident of Barkhandi Tola, Police Station Khagaria (Mufassil) District- Khagaria 2. Subodh Yadav, Son of Naresh Yadav, resident of Village- Mathar, Police Station – Khagaria (Muffasil) District- Khagaria ---------------Petitioner Versus STATE OF BIHAR -------------Opposite Party ----------- 2. 17.8.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 25(1-b) A, 26 and 35 of the Arms Act. Taking into consideration the fact that petitioners are in custody since 10.12.2008, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge, F.T.C. IInd, Khagaria in connection with S.C. No. 28/2009 arising out of Khagaria (Muffasil) P.S. Case No. 574/2008 subject to the 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 they are related with the petitioners and (ii) that the petitioners will give an undertaking that they will receive the police papers on the given date and will not delay the trial. It is being submitted in Paragraph-8 that the petitioners have been remanded in one other case i.e., Khagaria 2 (Muffasil) P.S. Case No. 19/04 without any material after their arrest in the present case. It will be open to the Magistrate concerned to call for a report from the Superintendent of Police about the antecedent to verify this statement made in the petition. In case, it is found contrary the petitioners will not be released on bail and the Magistrate will initiate proceeding against the person who has shown affidavit in the present bail application. P. Kumar (Anjana Prakash, J. )