IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20732 of 2009 MD.KASHIM @ MD.QUASIM Versus STATE OF BIHAR ----------- 02 24.06.2009 Heard both sides. The sole petitioner seeks regular bail in a case instituted under Sections 414 of the Penal Code and Sections 25(1-B )(a),26,35 of the Arms Act . As per allegation in the F.I.R., the petitioner was apprehended by the police and on search a loaded country made pistol of 12 bore and live cartridge of 12 bore were recovered from his possession. The police have also recovered one Nokia mobile phone and a motorcycle from his possession. Learned counsel for the petitioner submits that the Nokia mobile phone in fact owned by the petitioner himself, whereas, the motorcycle was owned by his elder brother. It is further contended that he is in custody since 25.10.2008. From the impugned order, it appears that the petitioner carries a criminal antecedent as earlier also he was booked for similar offences. Having regard to the period of incarceration, this court is prepared to extend him the privilege of bail to the petitioner. Petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate First Class, Gopalganj, in connection with Sidhwalia P. S. Case No. - 2 - 97 of 2008, Trial No. 3068 of 2009, subject to the following conditions:- (i) One of the bailors should be the own/close family member of the petitioner (ii) The petitioner shall appear before the Officer- in-charge of Sidhwalia P. S. or any officer-in- charge of the said police station on every fortnight ( preferably either on Saturday or Sunday) for a period of six months from the date of his release. In case of default in his such appearance before the Officer-in-charge, the same shall be promptly reported to the Trial Court/ Court in sesin of the case, whereafter it shall be open to the Court to cancel the bail bond of the petitioner and ensure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)