IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27716 of 2011 Santosh Kumar Singh, son of Sri Vijay Kumar Singh, resident of village – Sirsi Barah, P.S. – Harnaut, District – Nalanda. -------- Petitioner. Versus The State of Bihar -----Opposite Party ******* 04. 13.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Harnaut (Telmar) P.S. Case No. 226/2010 for offences under Sections 25(1-B)A, 26, 30 and 29 of Arms Act, pending in the court of Chief Judicial Magistrate, Nalanda, Biharsharif, is one of the named accused in this case. Submission is that in fact petitioner being resident of village Sirsi Barah is not required in this case not he has any concerned with the relevant fire arm or license thereto but the person named having similar parentage is resident of village Soradin, P.S. – Telmar who was granted license, but without any material petitioner is being chased and two of the co-accused Ashok Kumar and Raj Kishore Prasad Singh have already been granted privilege by this court vide order dated 15.09.2011 passed in Cr. Misc. No. 21509/2011. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary up to paragraph 116 dated 07.07.2011 earlier called for in connection with Cr. Misc. No. 21509/2011 on the point of identity could not indicate any specific material. Though investigation is pending. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge-sheet, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with Harnaut (Telmar) P.S. Case No. 226/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to remain physically present before the court below till submission of charge sheet and on the dates fixed and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)