IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38539 of 2009 MD.WASIM son of Late Sahim, resident of village Asha Jirari, Police Station Asarganj, District Munger… ..Petitioner Versus THE STATE OF BIHAR …. Opposite Party For the Petitioner: Mr. Sanjeev Ranjan, Advocate, For the S t a t e : Mr. R.P.S. Singh, A.P.P. …. 2 11.11.2009 Learned counsel for the petitioner files supplementary affidavit on behalf of the petitioner. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 25(1-A), 25(1-AA), 25(1-B)A, 25(i)(iii), 26 and 35 of the Arms Act. As per the prosecution case, it is alleged that the petitioner was working as a labourer in the mini gun factory and tried to escape. However, arms and ammunitions and manufacturing materials were recovered from the house of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from his conscious possession. However, it is alleged that manufacturing materials as well as arms and ammunitions were recovered from the house where he was working as servant. It is further submitted that - 2 - co-accused Md. Safil Alam @ Bechu @ Safi and Nizamuddin have been granted bail by a bench of this Court in Cr. Misc. No. 34303 of 2009, as contained in annexure 2 to the supplementary affidavit. The petitioner is stated to be in jail custody since 13.04.2009. Having regard to the facts and circumstances of the case, the abovenamed petitioner, Md. Wasim, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in Asarganj Police Station Case No. 19/09 with further condition that one of the bailors must be close relative or family member of the petitioner. It is also made clear that since the petitioner has been chargesheeted in Tarapur Police Station Case No. 180/1996 registered under sections 25(1-B)A and 26/35 of the Arms Act also, if he is found again involved in any criminal case then his bail bond would be liable to be cancelled. SC (Dr. Ravi Ranjan, J.)