IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40728 of 2009 RAM LAKHI MISTRI @ LAKHI SHARMA, Son of Bhgani Mistri, R/o village Nawgrah, P.S. Amas, District Gaya. …. Petitioner Versus THE STATE OF BIHAR … Opp. Party ----------- For the petitioner : Mr. Shailesh Kumar Singh, Advocate For the State : Mr. Upendra Prasad, A.P.P. ------ 4 26.02.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 124(A) and 386 of the Indian Penal Code and 25(1-B), 26, 35 of the Arms Act and 17 C.L.A. Act. It is submitted on behalf of the petitioner that there has been no recovery of incriminating article from his possession and, in fact, the recovery is from the possession of the co-accused Jitendra Ravidas @ Prem Ranjan. Petitioner has been apprehended only on the basis that the aforesaid co-accused was traveling with the petitioner on his motorcycle. It is submitted that the petitioner was earlier involved in a case under Section 395 of the Indian Penal Code instituted in the year 2006, however, there is no other criminal 2 case lodged against this petitioner. The petitioner is stated to be in custody since 3.7.2009. In the facts and the circumstances of the case, the petitioner, RAM LAKHI MISTRI @ LAKHI SHARMA, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 89 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his relationship with the petitioner. If, after his release in this case, the petitioner is again found implicated in similar case, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)