IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36896 of 2009 MD. IMRAN KHAN @ IMRAN KHAN SON OF MD. AFZAL KHAN, RESIDENT OF PATHAN TOLI, POLICE STATION ALAMGANJ IN THE TOWN AND DISTRICT OF PATNA …. PETITIONER Versus STATE OF BIHAR ----------- 2. 30.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code and 25(1-B)a and 26 of the Arms Act. Taking into consideration the fact that for the recovery of one countrymade loaded pistol with two live cartridges the petitioner has remained in custody since 17.5.2009, let the petitioner above named 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 Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S.case No.142 of 2009 (G.R.No.2371 of 2009), subject to 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 affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail and (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case - 2 - 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. Narendra/ ( Anjana Prakash, J. )