IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.101 of 2010 KRISHNA KUMAR SINGH son of Sri Gopal Singh, resident Of village Bokatha, P.S. Majorganj,Dist. Sitamarhi…Petitioner Versus STATE OF BIHAR ----------- 3 4.3.2010 Heard Mr. Bikramdeo Singh, learned counsel appearing for the petitioner and Mr. Amitesh Kumar, learned A.P.P. for the State. Petitioner is an accused in a case instituted under sections 25(1- b) A/26/35 of the Arms Act. It is submitted by the learned counsel for the petitioner that according to the prosecution case one loaded country made pistol is said to have been recovered from beneath the pillow of the petitioner while he had gone to the house of his relation namely Madho Singh. It is submitted that in fact petitioner had no knowledge about keeping of some firearms beneath the pillow and that might have been kept by co-accused Madho Singh. It has been further submitted that the petitioner is in judicial custody since 16.7.2009 and is a man of fair antecedent and there is no criminal history against him. It has further been submitted that though prayer for bail of co-accused Madho Singh has been rejected by a Bench of this Court on the ground that 31 live cartridges were recovered from his house and there was criminal history against him and he was a convict in another criminal case and, therefore, case of this petitioner is quite distinguishable from the case of co-accused Madho Singh. Learned counsel for the State, after going through the case diary has not pointed out that any criminal case is pending against the petitioner except present one. Be that as it may , in the facts and circumstances of the case, let - 2 - the above named petitioner, 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 C.J.M, Sitamarhi, in Shyampur Bhataha P.S. Case No. 50 of 2009, subject to the 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 and (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