IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41735 of 2009 Manoj Kumar, son of Girija Yadav, resident of Village- Bhatbigha, P.S. Deepnagar, Distict-Nalanda….Petitioner. Versus The State of Bihar. ……………………….Opposite Party. ----------- 2. 03. 12. 2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case for offences punishable under Sections 398, 411 and 120(B) of the Indian Penal Code and Section 25(1-b) a/26(ii)/35 of the Arms Act and Section 4/5 of Explosive Substance Act. The submission is that petitioner has been arrested and on being search a loaded country made pistol was recovered from his conscious possession and subsequently two live bombs were recovered from another place. Learned counsel for the petitioner has pointed out that the seizure list as contained in Annexure-2 which shows that the entries in the seizure list are in different pens making it a suspicious document. It is further stated that petitioner has been arrested in the instant case on 10. 07. 2009 and Laheri P.S. Case No. 118 of 2009 is dated 17.06.2009, which was against unknown and after the arrest of the petitioner in the present case, petitioner has been roped in the aforesaid Laheri P.S. Case No. 118 of 2009 on suspicion. Apart from this, petitioner is not an accused in any other case. Considering the facts and circumstances of the case, the petitioner, namely, Manoj Kumar is directed to be 2 released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Sinha, Judicial Magistrate Ist Class, nalanda at Biharsharif, in connection with Laheri P.S. Case No. 133 of 2009, with a further conditions 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 and 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 also 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. m.p. (Anjana Prakash, J.)