IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20237 of 2010 RAHUL SINGH @ CHINKU son of Shri Ranjeet Singh, Resident of Bengali Colony, Nalapar, patnacity,P.S. Chowk, Dist. Patna ….Petitioner. Versus THE STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Rudal Singh, Advocate For the State : Mr. Nityanand, A.P.P. -------- 2 15.6.2010 Heard the parties. In a criminal prosecution for offences under sections 25(1-B)(a) /26/35 of the Arms Act there is allegation of recovery of one country made pistol and eight live cartridges from the room possessed by the petitioner. It is submitted by the learned counsel for the petitioner that as a matter of fact room in question does not exclusively belong to the petitioner and other family members also reside there and the petitioner is in judicial custody since 28.12.2009. It is also submitted that the petitioner is a man of fair antecedent and there is no other criminal case pending against him except the present one. In the aforesaid facts and circumstances of the case and particularly in view of the period of incarceration , 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 A.C.J.M, Patnacity in connection with Chowk P.S. Case No. 177/2009, subject to conditions : (a) That one of the bailors must be Govt. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. - 2 - (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 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