IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42889 of 2009 BENGALI MISTRY, son of Deoki Mistry, resident of village- Salimpur, P.S. Rajowli, District- Nawada ………. Petitioner Versus THE STATE OF BIHAR ……. Opp.Party ----------- 2. 18/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 25(1-b)A, 26/35 of the Arms Act. It is said that from the possession of son of the petitioner from the house one bag was recovered containing country made carbine and certain articles. Learned counsel for the petitioner submits that petitioner is an old man of about 60 years and he is directly not involved in the activities of his son, who is a grown up man. It is said that petitioner has no criminal antecedents at all and he has remained in jail since 4.6.2009. Considering the old age of the petitioner and the fact that this is his first offence, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of Chief Judicial Magistrate, Nawada in Rajauli P.S.Case No.73 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)