IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42937 of 2009 SANTOSH CHAURASIYA @ BOLDER son of Nagnath resident of village Manjhiaow P.S. Manjhaow District Gadhwa (Jharkhand). Versus STATE OF BIHAR ----------- 2 17/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 25/26/35 of the Arms Act and it is said that the petitioner was apprehended at the spot with three others while retreating after committing Bank dacoity. Counsel for the petitioner would submit that so far this case is concerned there is no recovery of arms and therefore the petitioner who has only one case of the year 2003 pending against him would be entitled for grant of bail. This Court would find that the present case, in fact, is an off-shoot of the main case under section 395 of the I.P.C. for the Bank dacoity. The petitioner earlier also was made accused in a case under section 395 of the I.P.C. of the year 2005 and therefore when he was found in possession of booty i.e, part of looted unaccounted money, the motorcycle as also a mobile phone of the aggrieved Bank Officer, of the bank dacoity, his being intercepted with a group of persons who were found to be in 2 possession of un-licensed loaded country made pistols, with the help of which the Bank dacoity was committed, this petitioner would not be entitled for grant of bail in this case at least for further one year from today. That being so, the prayer for bail of the petitioner is rejected for the present with a liberty to renew his prayer for bail after one year if his trial is not concluded within the intervening period of one year. Abhay Kumar (Mihir Kumar Jha, J.)