IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26060 of 2010 RAJU CHOUDHARY Versus STATE OF BIHAR ----------- 2 02.08.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sessions Trial No. 872 of 2010 arising out of Khajekalan P.S. case No. 03 of 2010 for offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B)A, 26 and 35 of the Arms Act and Section 3/4 of the Explosive substance Act. The allegation against the petitioner and some others named in the F.I.R. is of planning for dacoity by being present in the house of Md. Sahabuddin. It is alleged that from the possession of the petitioner there has been recovery of a looted country made pistol and two live cartridges. Learned counsel for the petitioner submits that the petitioner is in custody since 08.01.2010 for the alleged recovery and the allegations set out in the F.I.R. 2 Having regard to the circumstances and the submissions of learned counsel, let the petitioner namely, Raju Choudhary be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge, Patna City in connection with Sessions Trial No. 872 of 2010 arising out of Khajekalan P.S. case No. 03 of 2010 subject to the condition that one of the bailors of the petitioner would be his father and who would be under a duty to inform the Court below in case this petitioner is named or gets involved in any other case of similar nature after his release and whereupon the Court below shall be at liberty to cancel the bail bonds of the petitioner on grounds of misuse and take him into custody. Bibhash ( Jyoti Saran, J.)