IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31562 of 2011 Brameshwar Ojha son of late Kabilash Ojha, Resident of village-Maniyara,P.S.-Tiyar, District-Bhojpur. Versus The State of Bihar ----------- 2. 17.10.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 188 of the Indian Penal Code and section 25 (1) (c)(3)(4)(5)/30 of the Arms Act. It is alleged that at the time of Bihar Assembly Election and Gram Panchayat Election a general notice was published in the daily newspaper whereby licensee of the arms were directed to deposit their respective arms and licence before the Officer Incharge of Tiyar Police Station. It is stated that in spite of publication of notice the petitioner did not deposit his arms for verification and thereby he disobeyed the terms of licence and, therefore, the petitioner’s licence was revoked and first information report was registered. It is stated on behalf of the petitioner that he is a retired teacher and he resides at Patna. He has been getting licence renewed at Patna. He had no knowledge about the publication made in this regard. He is ready to surrender the Arms before the appropriate authority. He has also brought on record an application which is annexed as annexure-5 to the present petition dated 12.8.2011 2 whereby he has sought permission of the District Arms Magistrate, Ara, Bhojpur for deposit of his arms. It is also submitted that the petitioner has got no criminal antecedent. Taking into consideration the facts and circumstances of the case let the petitioner named above in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on provisional anticipatory bail for a period of two months on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Tiyar P.S. Case No.13 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. In the meantime, the petitioner must deposit his arms before the appropriate authority and file an affidavit in this regard in the court below. If the arms is question is deposited within the said period of two months his provisional anticipatory bail so granted shall be confirmed and in case he fails to do so the provisional anticipatory bail granted shall stand automatically cancelled. Md.S. ( Ashwani Kumar Singh, J.)