IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39892 of 2009 RAHUL ANAND @ SHAMI Son of late Bipin Bihari Sinha, resident of Village-Drona, P.S. Hisua, District- Patna. Versus STATE OF BIHAR ----------- 2 23/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 399/402 of the Indian Penal Code and sections 25/26/35 of the Arms Act. It is said that the petitioner was apprehended at the spot with one 9 M.M. pistol loaded with cartridge. Counsel for the petitioner would submit that the petitioner is in custody since 24.3.2008 and of course he has been made an accused in three other cases, but in all of them he was named by the police which was initially filed against unknown persons. Taking the aforementioned aspect into consideration especially the fact that the petitioner has no criminal antecedent prior to arrest on 24.3.2008, a fact which has to be verified by the court below before the petitioner would be enlarged on bail, this Court is inclined to grant bail to the petitioner subject to the aforementioned verification and also with a condition that if hereinafter the petitioner is found to be in possession of any illegal arms and consequently made accused by naming him in the First Information Report, his present bail would also stand cancelled. Subject to the aforementioned conditions, the petitioner, namely, Rahul Anand @ Shami is directed to be released on bail on 2 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar Singh, J.M. Ist Class, Patna in Kotwali P.S. Case No.93 of 2008, G.R. No.1394 of 2008. Abhay Kumar (Mihir Kumar Jha, J.)