IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4608 of 2009 MITHILESH YADAV, SON OF DHUNMUN YADAV, RESIDENT OF VILLAGE SHEKHPURA, P.S. UDAKISHUNGANJ, DISTRICT MADHEPURA Versus STATE OF BIHAR ----------- 2. 20.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under Section 414 of the Indian Penal Code and Sections 25(1-B) A and 26 of the Arms Act. The allegation against the petitioner is that when his house was raided on the instigation that some criminals are sleeping in the house, he was caught while fleeing away with certain cash in a bag, certain jewelries and one country made pistol. Learned Senior counsel for the petitioner submits that recovery of cash and jewelries itself does not constitute an offence under Section 414 of the I.P.C. unless and until theft of the same is alleged. He submits that for the offence under the Arms Act, the petitioner has already remained in custody since 21st July, 2008. He submits that for allowing the petitioner on bail, this Court may consider issuing stringent directions for participation of the petitioner in the trial and for maintaining good behaviour. - 2 - Considering the submission of the learned Senior counsel for the petitioner, the application is allowed. Let petitioner (Mithilesh Yadav) be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No.77/08. The petitioner is further directed to cooperate and appear in the trial on each and every date except on being excused by the trial court for sufficient reasons. Petitioner shall maintain good behaviour and shall not intimidate the witnesses and interfere with the conduct of the trial. It is made clear that in case the petitioner violates any terms and conditions of this order, the trial court will be at liberty to cancel his bail bonds and take into custody. B.T. (J.N. Singh, J.)