IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40405 of 2009 AFAQUE @ AFAQUE ALAM, S/o Suleman, R/o Village – Kairibari, P.S. Bahadurganj, Distt. – Kishanganj …… Petitioner Versus THE STATE OF BIHAR …………………. Opposite Party. ----------- For the Petitioner:- Mr. Pankaj Kumar Sinha and Mr. Diwakar Sinha, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 2. 25.11.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner is an accused in a case registered under Sections 307, 353, 414/34 of the Indian Penal Code and Sections 25(1-B)a/26, 27 & 35 of the Arms Act. It is submitted on behalf of the petitioner that admittedly one pistol along with cartridge has been recovered from the possession of the petitioner. Allegation is that the petitioner had also fired upon the police party, which was chasing him, but the shot did not hit anybody. The police party had fired upon the petitioner which hit him in the thigh. It is also submitted that petitioner is in jail custody since 28.09.2008 and there is only one case pending against him under Section 395 I.P.C. wherein he was not named in the first 2 information report and, as yet, he has not been put on T.I. Parade. Having regard to the facts and circumstances of the case, I direct the petitioner, Afaque @ Afaque Alam to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge, Kishanganj in connection with S.T. No. 59/2009, arising out of Kochadhaman P.S. Case No. 139/2008, with the condition that one of the bailors must be the family member or close relative of the petitioner and, to this effect, the bailor must swear an affidavit showing his genealogy as to how he is related to the petitioner. It is further directed that after the release in this case, if the petitioner is again found to be involved in a criminal case of similar nature, the court concerned shall be at liberty to take steps for cancellation of the bail bonds of the petitioner. dk ( Dr. Ravi Ranjan, J. )