IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40642 of 2009 PAWAN DUBEY, son of Dinesh Dubey, resident of Jhanda Chapar, P.S. Asawau, District Siwan Versus STATE OF BIHAR ----------- 2. 26.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 399/402/353/307 of the Indian Penal Code and sections 25/26/27/35 of the Arms Act. The allegation against the petitioner is confined to be in company of notorious criminal from whom huge quantity of arms and ammunitions including AK-47 was recovered. Counsel for the petitioner submits that assuming the entire prosecution case to be true there would be nothing as against the petitioner, inasmuch as there is no recovery of any weapon or other objective material from his conscious possession and, therefore, when the petitioner has also got no criminal antecedent and is in custody since 13.6.2009 he would be entitled for bail. In the opinion of this Court only 2 one thing which goes against the petitioner is that he was in company of notorious criminals and yet the petitioner claims that he had taken lift in the vehicle of such notorious criminal. The said story of the petitioner does not fit in with a normal conduct of a person having no criminal antecedent to be in company of a notorious criminal but then that alone cannot be the reason for refusing bail to the petitioner, especially when nothing more has been found against them in course of investigation and he has already remained in custody for a period over five months. That being so, this Court would direct the court below to first verify the criminal antecedent of the petitioner and in the event it is found that the petitioner has got no criminal antecedent it would release the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Mairwa P.S.Case No. 67/2009, one of which must be furnished by a close family relative 3 preferably either parents or the wife of the petitioner. It goes without saying that the petitioner shall remain present in course of trial and his absence on two consecutive dates without any cogent reason shall make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/