IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20192 of 2010 DOMAN MISTRI SON OF MAHAVIR MISTRI, RESIDENT OF VILLAGE NIMIA TARN, P.S. SHERGHATY, DIST. GAYA – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- For the petitioner : Mr. Rabindra Kumar Sinha, Adv. For the State : Mr. S. Dayal, A.P.P. ------- 2/ 15.06.2010 Heard the parties. In a criminal prosecution for offences under section 25(1-B), (a)/26/35 of the Arms Act, petitioner is named in the F.I.R. as an accused and there is allegation of recovery of certain firearms, mentioned in the F.I.R. It is submitted that the petitioner is in judicial custody since 30.12.2009 and the alleged recovery of certain firearms is a result of plantation by the prosecution party. Be that as it may, in view of the period of incarceration, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Railway Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 192 of 2009 , subject to the conditions : (A) That one of the bailors must be government servant or close family members of the petitioner, who will file an - 2 - affidavit in the court below showing his/her relationship with the petitioner, (B) That 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 petitioner, 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 . ( Birendra Prasad Verma, J ) BTiwary/