IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43542 of 2010 MD. AFTAB @ FIROZ son of Md. Isha, Resident of Village Purab Sarai, P.S. Kotwali, District Munger. ............Petitioner. Versus THE STATE OF BIHAR ..........Opposite Party ----------- 2 19.02.2011 Nobody is present on behalf of the parties in view of call of en masse abstention of the lawyers given by the Bihar State Bar Council. However, I have perused the materials available on the record. The petitioner is an accused with respect to a criminal prosecution registered under sections 414 and 120 (B) of the Indian Penal Code as also under section 25 (1-B)a/26/35 of the Arms Act. From the materials available on the record, it appears that one mobile phone and six country made pistols with empty magazines were allegedly recovered from the possession of the petitioner. It further appears that from possession of co-accused Karn Vijay @ Malkhan, eight country made pistols along with eight magazines were allegedly recovered by the police. Co- accused Karn Vijay @ Malkhan has already been granted bail by a Bench of this Court by an order dated 06.10.2010 passed in Cr. Misc. No. 36181 of 2010 (Annexure 2). The petitioner is said to be in judicial custody 2 since 24.02.2009 i.e. for last two years. It has also been stated in the petition that petitioner is a man of clean antecedent. In the aforesaid facts and circumstances, particularly in view of period of incarceration, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate. Patna in connection with Rupaspur P.S. Case No. 33 of 2009, subject to the conditions: (a) That one of the bailors must be a government servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in 3 the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. M.Rahman ( Birendra Prasad Verma, J )