IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17028 of 2009 ***** Umesh Mandal son of Dhaneshwar Manda, resident of village- Bakiya Diyara, Police Station- Barari, District-Katihar. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 3.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner was taken in custody on 16.11.2008 when Barari Police Station Case No.177/08 was instituted under certain sections of the Arms Act. As per the F.I.R. the police on information looking for one Pagla Yadav, a gangster of diayara area, went on his search it is alleged that the said Pagla Yadav had come to the house of the present petitioner and on seeing the police he escaped on a horse-back, the house of the petitioner was searched and a loaded country made pistol was recovered. Submission of the counsel is that he has remained in custody for sufficiently long time and it is a case of plant by the police, the truth of which will be established during course of trial. The Court has also noticed that the petitioner has been accused in two other cases though relating to the year 2005. In other words, petitioner has history behind him and his antecedents are not of that clean. But it is stated that the petitioner has turned around and is not willing to indulge in any kind of misadventure in future so that he falls in the wrong side of law. Keeping the above submissions in mind and the period petitioner has spent in custody, let the petitioner, namely, Umesh Mandal, - 2 - be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barari Police Station Case No.177/08. One of the sureties will be executed by the elected representative of the area and the other by the father of the petitioner, namely, Dhaneshwar Mandal on due identification by the Court below. It is further recorded that if the name of the petitioner emerges in any other crime of serious nature then it will be open to the prosecution to seek cancellation of his bail. It is also recorded that the petitioner will cooperate in trial and will appear on each and every date fixed by the trial Court. Pawan/- (Ajay Kumar Tripathi, J.)