IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21461 of 2009 ABHAY YADAV Versus STATE OF BIHAR ----------- 3. 17.08.2009 The petitioner is in custody in connection with a case lodged under different provisions of the Arms act. The allegation is that he was found in possession of one country- made loaded pistol and four live cartridges. It is contended that he is in custody since 25.10.2008. This Court finds from the impugned order that the petitioner has criminal antecedents. He is required in many cases of serious nature. There is no statement in the bail application explaining his antecedent. It is contended that the trial has been taken up in which charges have been framed, but till date not a single witness has been examined. Looking to the antecedent of the petitioner, this Court while rejecting his application observes/directs as under: “Let the trial court take steps to examine all the prosecution witnesses on or before 21st of December,2009, failing which the petitioner abovenamed shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to its satisfaction in connection with Kotwali P.S. Case No. 698/08 (G.R.No.3865/08), subject to the condition that one of the 2 bailors shall be his own/close family member and that the petitioner shall appear in person on each date fixed in the trial. In case of default on two consecutive dates, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law.” hr ( Kishore K. Mandal )