IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25199 of 2010 SANJAY YADAV SON OF AKLU YADAV, RESIDENT OF VILLAGE MANJHAULI BIGHA, P.S. BAKHTIHARPUR, DISTRICT PATNA, AT PRESENT VILLAGE NIMAKOL, P.S. WENA, DISTRICT NALANDA. – PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 04-08-2010 Heard the parties. In a criminal prosecution registered under sections 25(1-b) a/26 of the Arms Act, the petitioner is named in the F.I.R. as an accused and one country made pistol and three live cartridges were allegedly recovered from his possession. It is submitted that at the instance of enemies of the petitioner he has been roped in the present case by the local police officer and alleged recovery of the firearm and cartridges is the result of plantation by the prosecution party. It is also submitted that the petitioner was arrested on 07.03.2010 and was remanded to judicial custody and he has been sufficiently punished in the present case. In the facts and circumstances of the case and in view of the period of incarceration , the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sanjiv Kumar, learned Judicial Magistrate, Ist Class, Bihar Sharif, Nalanda in connection with Rahui ( Wena) P.S. Case No. 2 38 of 2010, subject to conditions that:- (A) both bailors must be either father, wife, full brothers or sisters, who shall file an affidavit showing their 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 and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below 3 shall be at liberty to cancel the bail bonds of the petitioner. BTiwary ( Birendra Prasad Verma, J)