IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43662 of 2009 Mohan Sah, son of Late Lakshman Sah, resident of Village- Kanhauli, Police Station-Jhanjharpur, District-Madhubani. ………Petitioner. Versus The State of Bihar ………………………….Opposite Party. ----------- 2. 16.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Nirmali P.S. Case No. 28/2009 for offences punishable under Sections 420 and 120B of the Indian Penal Code and Section 25(1-a) B/26 and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that no case either under the Penal Code or Arms Act are made out against the petitioner. It is submitted that admitted position is that so called recovery of arms was not made from the personal possession of the petitioner but it was kept in the vehicle. The petitioner has been arrested in the present case merely for the reason that he was found sitting in the car along with others. Learned counsel submits that in similar circumstances, number of co-accused persons have been granted bail by this Court as indicated in paragraphs 8 and 9 of the application. Having regard to the facts and circumstances setforth, let the petitioner, namely, Mohan Sah be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Birpur at Supaul, in connection with Nirmali P.S. Case No. 28/2009, subject to the conditions that the petitioner would be - 2 - attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. m.p. (Jyoti Saran, J.)