IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11990 of 2010 TUFAIL MIAN @ TUFAN MIAN son of late Akbar Mian, resident of village Murala, police Station Ramgadhwa, District –East Champaran. Versus STATE OF BIHAR ----------- 2 05.04.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Raxaul P.S. Case No. 79/2000 for the offences punishable under Sections 399/402 of the Indian Penal Code and 25(1-B), 26-35 of the Arms Act. The informant of the case is the officer Incharge of the Raxaul Police Station and the petitioner was apprehended by him. The allegation against the petitioner is of recovery of arms and his failure to produce any paper in support thereof. It also appears that the petitioner had absconded from jail custody and was arrested in another case whereafter he was remanded in the present case. It is in these circumstances the bail of the petitioner was earlier rejected by this Court in Cr.Misc. No. 26582 of 2009 dated - 2 - 14.9.2009. The petitioner has renewed his prayer after lapse of more than six months and submits that he has undergone sufficient incarceration for reconsideration of his case for grant of bail. Having regard to the facts and circumstances of the case, let the petitioner, Tufail Mian @ Tufan Mian, 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 Additional Sessions Judge, F.T.C. 2, Motihari, East Champaran in connection with Raxaul P.S. Case No.79/2000 subject to the condition that the petitioner would be attending the court below on each and every date fixed in the trial and any failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the satisfaction of the trial Court would grant liberty to the court below to initiate proceeding for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J. )