IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16009 of 2009 BRAJESH YADAV Versus STATE OF BIHAR ----------- 03. 13.08.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner was apprehended on 14.7.2008 in relation to Parvatta Maraiya P S Case No. 131 of 2008 which was instituted under sections 25(1-b)A/26 of the Arms Act. FIR was lodged by police which states that on information, when the police raided the house of one Umesh Yadav who was an absconder in yet another case, the petitioner was found standing in the courtyard and seeing the police he tried to escape but he was apprehended and from his possession a loaded pistol and 13 live cartridges were recovered. In absence of any valid paper being produced by the petitioner, the present case came to be lodged and he was remanded to judicial custody. Submission of the learned counsel for the petitioner is that for the offence petitioner has been in judicial custody for more than a year now. Though he has been made accused in some other cases but he has been granted bail by the court below in those two cases. The Court initially had some reluctance in enlarging the petitioner on bail looking at his past criminal antecedent but on a categorical assurance having been made that the petitioner will now desist from committing any crime, the Court is inclined to grant bail to the petitioner. - 2 - Let the petitioner Brajesh Yadav be enlarged on bail on furnishing bail bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Parvatta (Maraiya) P S Case No. 131 of 2008 with a direction that one of the surety will be executed by the father-in-law of the petitioner namely, Maheshwar Yadav on due identification by the court below and the other will be executed by an elected representative of the area. It is further recorded that if the petitioner commits yet another crime of similar nature, then bail granted to him even in this case may be cancelled preventing from misusing the privilege of carrying out illegal activities against the society. rkp (Ajay Kumar Tripathi, J)