IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26217 of 2009 Bharat Roy, Son of Late Bodhan Roy, Resident of Village Mahthi, P.S. Bibhutipur, District Samastipur. ------ Petitioner Versus The State of Bihar --------- Opposite Party ----------- 2 2.9.2009 Heard learned counsel for the petitioner and counsel for the State. The allegation of recovery of one country made pistol and one cartridge and the fact that the petitioner had remained in jail for a period of over five months would entitle the petitioner to be released on bail only if it is found by the court below that the petitioner has got no criminal antecedent for an offence punishable by a sentence of 3 years or move and that no other case is pending against him under the Arms Act. Learned counsel of the petitioner, however, is not in a position to say anything in this regard as he is not aware of the criminal antecedent of the petitioner. That being so, this Court would direct for release of the petitioner, namely, Bharat Roy on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 98 of 2009, subject to his having a clean criminal antecedent, to be verified by the court below. . Rsh (Mihir Kumar Jha, J.)