IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39753 of 2009 BHAWANI SHANKAR SHANDILYA @ BHAWANI SHANKAR, son of Sanjay Kumar Choudhary, resident of Village-Sirajpur, police station-Parbatta, District- Khagaria. Versus THE STATE OF BIHAR ----------- 2 18/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, a named accused for the offence under sections 25, 26 and 36 of the Arms Act, seeks bail on the ground that no recovery has been made from his conscious possession and that he has got no criminal antecedent. Considering the aforementioned aspect as also the fact that the petitioner has remained in custody since 30.6.2009 and the recovery only has been made from his brother driving the motorcycle and the petitioner was only pillion rider and also that the petitioner has got no criminal antecedent, this Court would direct for release of the petitioner, namely, Bhawani Shankar Shandilya @ Bhawani Shankar, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Akbarnagar P.S. Case No.62 of 2009 on the condition that one of the bailer of the petitioner must be either of his parents. It goes without saying that the petitioner shall remain 2 present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)