IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32450 of 2010 Pintu Kumar Gupta son of Tun Tun Sah, resident of near Digha Hatt, P.S. Digha, Dist. Patna. --- petitioner. Versus STATE OF BIHAR—OP. Party. ----------- 2/ 08-09-2010 Heard the parties. In a criminal prosecution registered under sections 25(1-a), 25(1-aa), 25(1-b)A/26 & 35 of the Arms Act and sections 3/5 of the Explosive Substance Act, the petitioner and some other persons are named in the F.I.R. as accused. It is submitted that even according to the prosecution case, the alleged firearms were recovered from possession of co-accused Narendra Singh and no incriminating article has been recovered from possession of the petitioner. The petitioner, besides three other persons including one Ganesh Kumar were apprehended by the police on suspicion. By referring to Annexure-2 it is submitted that co-accused Ganesh Kumar, with exactly similar and identical allegation as that of the petitioner, has already been granted bail by a Bench of this Court in Cr. Misc. No. 2777 of 2010 by order dated 19.08.2010 (Annexure-2). The petitioner is stated to be in judicial custody since 27.11.2009. Taking into consideration the facts and circumstances of the case, the above named petitioner is 2 directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-4 at Barh in connection with Sessions Trial No. 873 of 2010, arising out of Bakhtiyarpur P.S. Case No. 220 of 2009, subject to conditions that (A) one of the bailors must be government servant (B) Another bailor shall be family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioners, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through 3 representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)