IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29526 of 2010 SANTOSH KUMAR JHA @ MUNNA son of Sri Laxman Jha, residentOf House No. F-135m PTPS. Patratu, P.O. & P.S. Patratu, Dist. Ramgarh(Jharkhand) ….petitioner. Versus STATE OF BIHAR opposite party. ----------- 2 12.08.2010 Heard the parties. In a criminal prosecution registered under section 25(1- B)(a)/26/35 of the Arms Act, altogether three persons including the petitioner were apprehended by the police and from possession of each persons certain firearms without valid licenses were recovered. From the possession of the petitioner one semi automatic pistol with three live cartridges were allegedly seized. Similarly from the possession of co-accused Md. Azaz a country made pistol with live cartridges were seized. It is submitted that as a matter of fact petitioner is a driver and no firearm was seized from his conscious possession. By referring to annexure-5, it is also submitted that co-accused Md. Azaz @ Md. Ezaz with almost identical allegation has already been granted bail by a Bench of this Court by an order dated 9.7.2010 passed in Cr. Misc. No. 23367 of 2010. It is next contended that petitioner was arrested on 13.3.2010 and was remanded to judicial custody and as such he has remained in judicial custody for a longer period than the co-accused Md. Azaz @ Md. Ezaz. In the aforesaid background the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Muzaffarpur in connection with Brahmpura P.S. Case no. 37 of 2010 subject to the conditions: (a) That one of the bailors must be Govt. servant or close family - 2 - member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. ( Birendra Prasad Verma, J. ) M.Rahman