IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31061 of 2009 HABIBUL @ HABBU @ HABIBUR RAHMAN Versus THE STATE OF BIHAR ----------- 02 10.09.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 399, 402 of the Indian Penal Code and 25 (1-B) 26, 35 of the Arms Act. It is alleged that as many as five persons were found assembled on the bank of river. The Police surrounded them. It is alleged, from the possession of Mojibur Rahman, Sohail and Kailash Mushar, certain fire arms were recovered. Name of petitioner transpired through the confessional statement of Mojibur rahman. Referring to the averments made in para-11, it is contended that co-accused Mojibur Rahman has since been released on bail by this Court under order dated 1.6.2009. Petitioner is in custody since 6.12.2008. Learned A.P.P. opposed the prayer. It has been submitted that the petitioner carries some criminal antecedent. Considering the fact that one of the co-accused of the present case, from whose possession certain recovery was/ were made has since been released on bail, this Court is persuaded to grant him bail. 2 In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-V, Kishanganj in connection with Thakurganj P.S. Case No. 239 of 2008, S.T. No. 230 of 2009 subject to the following conditions:- 1. One of the bailors should be the own/ close family member of the petitioner. 2. The petitioner shall report in person before the Officer-in-charge of Thakurganj P.S. or any Officer present there once in a month (preferably on Saturday or Sunday) for a period of five months from the date of his release. In case, of default in such appearance before the Officer-in-charge same shall be promptly reported to the trial court/ court in sesin of the case whereafter it shall be open to the trial court to cancel his bail bond and secure his arrest in accordance with law. P.K. (K.K. Mandal, J .)