IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36241 of 2009 SRI KANT SHARMA @ SHREEKANT SHARMA Versus STATE OF BIHAR ----------- 3 04.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Nirmali P.S. Case No. 28/2009 for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code and under Sections 25(1-B) B, 26 and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that no case either under Sections 420 and 120B of the Indian Penal Code is made out against him nor any recovery of arms was made from his personal possession. Rather, it is admitted position that the arms were recovered from the vehicle. Learned counsel further submits that no case is made out against him and the allegation is palpably false. He further submits that even the substance of allegation as set out against him in the F.I.R. does not make out any case. Learned Counsel for the petitioner further submits that similarly placed accused persons have been granted bail by this Court in Cr.Misc. No. 34969 of 2009 and Cr.Misc. No. 35406 of 2009 disposed of on 28.10.2009. In the said circumstances, prayer for bail has been made. Having regard to the facts and circumstances of the case, let the petitioner, Sri Kant Sharma @ Shreekant Sharma, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Sri T. Nath Munsif- cum-J.M. Ist Class, Birpur at Supaul in connection with Nirmali P.S. Case No. 28 of 2009, subject to the condition that the petitioner would be attending the court below on each and every date fixed. The failure on the part of the petitioner to attend the court on two consecutive dates without reasonable explanation to the satisfaction of the Court below would grant liberty to the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. Bibhash (Jyoti Saran, J.)