IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25481 of 2010 MAHENDRA YADAV SON OF LATE BISHESHWAR YADAV, RESIDENT OF VILLAGE HASARA, P.S. WAZIRGANJ, DISTRICT GAYA – PETITIONER. Versus STATE OF BIHAR --- OPP. PARTY. ----------- 2/ 05-08-2010 Heard the parties. In a criminal prosecution registered for offences under section 25 (1-B) a/ 26/35 of the Arms Act, the petitioner and three other persons are named in the F.I.R. as accused. According to prosecution case, while the informant along with other police personnel were going to conduct raids against some extremists, on a tip-off he came at the house of the petitioner and conducted raid there and in absence of the petitioner one country made rifle and three live cartridges were seized from there. It is submitted that apparently the seizure of the firearm and the live cartridges is not from the conscious and exclusive possession of the petitioner and apparently the petitioner was not apprehended on the spot. It is further submitted that even according to prosecution case, the raid in the house of the petitioner was conducted on the eve of election and he has been made an accused at the instance of his political enemies. The petitioner is stated to be in judicial custody since 16.04.2010. It is 2 asserted that the petitioner is not an accused in any other criminal case, except in the present one. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No.55 of 2009 subject to conditions that : (A) Both the bailors must be family members of the petitioner, who will file an affidavit in the court below showing their relationship with the petitioner, ( B ) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned . BTiwary ( Birendra Prasad Verma, J)