IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43785 of 2010 MD.SHAMSAD ALAM son of Md. Khurshid Alam, resident of village- Bhusanda Police Station-Muffasil, Dist-Gaya. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr. Pramod Kumar, Adv. For the State : Mr. Z. Hoda, Adv. 2 14.12.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1) B, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that as per the allegation in the First Information Report that allegedly a live cartridge has been recovered from the possession of the petitioner while allegedly the petitioner and others have assembled to purchase a train ticket. It is submitted that the petitioner’s antecedent is clean and he is in custody since 21.9.2010 Having regard to the facts and the circumstances of the case, the petitioner, Md. Shamsad Alam, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount 2 each to the satisfaction of the Chief Judicial Magistrate Gaya, in connection with Gaya Kotwali P.S Case No. 278 of 2010 with a further conditions that one of the bailors of the petitioner must be his father, who would be under a duty to inform the Court below if, after his release in this case, the petitioner is again found to be involved in criminal case of similar nature. The court concerned in the aforesaid circumstance would be at liberty to take steps for cancellation of his bail bonds. Prakash ( Dr. Ravi Ranjan, J)