IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26308 OF 2009 SAMIUZZAMAN @ JAIKY @ JAIKY AHMAD, SON OF FASHIHUZZA MAN, RESIDENT OF VILLAGE MANDAI KHURD, P.S. SAKRA, DISTRICT MUZAFFARPUR VERSUS STATE OF BIHAR ----------- 2. 12.10.2009 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and learned counsel for the State. Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner, has very fairly stated that in connection with a case under Sections 363, 364, 365 and 368 of the Indian Penal Code, a raid was conducted by the police at the house of petitioner from where the victim boy was recovered and some arms and ammunitions were also recovered. So far as substantive case is concerned, petitioner has not been granted bail as yet. However, a separate case was registered i.e. present case for recovery of some unlicensed arms. He submits that, in connection with this case, petitioner is in custody since 2nd February, 2009. He submits that whatever may be fate of the petitioner in the substantive case, considering the period of incarceration of the petitioner in this case, he should be allowed bail. - 2 - The submission of Mr. Verma is very fair and therefore, it is accepted. The application is allowed. Let petitioner (Samiuzzaman @ Jaiky @ Jaiky Ahmad) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Jai Ram Prasad, Judicial Magistrate, Ist Class, Muzaffarpur in P.S. Sakra Case No.26/2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest B.T (J.N. Singh, J.)