IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37154 of 2010 AMLESH YADAV Versus STATE OF BIHAR ----------- 2 25.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. It would appear from the record that on 01.10.2009, a complaint case bearing Complaint Case No. 901 of 2009 was filed and the said complaint case was sent to concerned police station for registration of FIR and investigation. Accordingly, Kurtha (Manikpur) P.S. Case No. 128 of 2009 for the offence under sections 147, 148, 149, 307 of the Indian Penal Code and 27 of the Arms Act was registered. It is alleged that petitioner and his associates made indiscriminate firing and subsequently, they lodged a false case of Arms Act against the informant. Contention of learned counsel for the petitioner is that the petitioner lodged Kurtha (Manikpur) P.S. Case No. 122 of 2009 for the offence u/Ss 341, 384, 379, 504/34 of the Indian Penal Code and other sections of the Arms Act on 26.09.2009 and that is why the informant has lodged this false case. He further points out that the Sessions Judge rejected the prayer for anticipatory bail of the petitioner only on the ground that the petitioner carries 2 criminal antecedent of four cases but in all the above said four cases, the petitioner has already been acquitted and the aforesaid fact has been pleaded by the petitioner at paragraph-10 of this bail petition. He further submits that none of the person has received any fire-arm injury in the alleged occurrence. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioner, Amlesh Yadav shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kurtha (Manikpur) P.S. Case No. 128 of 2009 to the satisfaction of Chief Judicial Magistrate, Jehanabad subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)