IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20365 of 2010 1. Hari Shankar Singh, son of Late Somesh Singh. 2. Santosh Singh, son of Hari Shankar Singh Both residents to Village- Sartu Singh Ka Tola, Police Station-Barhara Krishna Garh, in the district of Bhojpur. …..Petitioners. Versus The State of Bihar ………………………..Opposite Party. For the petitioners :- Mr. Akhileshwar Pd. Singh, Advocate. For the State :- Mr. M. Dayal, A.P.P. ----------- 2. 16. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 25 (1-B) (a)/26 of the Arms Act, the petitioners who are father and son respectively are named in the F.I.R. as accused. It is submitted by the learned counsel for the petitioners that petitioners were apprehended by the Police merely on suspicion, while they were traveling in a train. According to the prosecution case, two country made guns in a dismantled condition were allegedly seized from the bag kept there in the train. It is further submitted that apparently no cartridge was recovered either from the possession of the petitioners or from the bag in question, which goes to show that in fact petitioners had no mens rea to commit any serious crime. The petitioners are stated to be in judicial custody since15. 03. 2010. In facts and circumstances of the case, the above named petitioners are directed to be released on bail in connection with G.R.P. Jamalpur P.S. Case No. 4 of 2010, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Railway Judicial Magistrate, Kiul, subject to conditions; 2 (a) that one of the bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) if the petitioners are 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 petitioners, 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. (c) The petitioners shall make regular pairvi in the court below in the present case either by appearing himself in person of through representation by his lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners m.p. ( Birendra Prasad Verma, J.)