IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21720 of 2011 Kant Paswan, son of Shoe Sagar Paswan, resident of Karauria Dariapur, P.S. Naubatpur, Dist. Patna. ……….Petitioner Versus The State of Bihar. …..Opp. Party ----------- 2/ 22.07.2011 Heard. The Petitioner seeks bail in a case registered under Section 25 (1B) (a)/26/35 of the Arms Act. According to the prosecution case, one countrymade rifle and one live cartridge were seized from the possession of the petitioner. Learned counsel for the petitioner submits that as a matter of fact, no incriminating article had been seized from the possession of the petitioner and the alleged recovery was a result of transplantation. He also submits that the petitioner is in judicial custody since 22.01.2011. In the facts and circumstances of this case, particularly on the ground of the period of incarceration, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Phulwarisharif (Janipur) P.S. Case No.34 of 2011, subject to the following three conditions: 2 (a) that one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that cases 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. (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall at liberty to cancel the bail bond of the petitioner. Anjani/ ( Birendra Prasad Verma, J )