IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43834 of 2008 KASHIF EHSHAN @ KESIF AHSAN, son of Wasim Ehshan, resident of village Bithosarif, P.S. Chandauti, District Gaya … Petitioner Versus STATE OF BIHAR ….. Opposite party ----------- 02/ 24.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Sections 399, 402, 307, 353 of the Indian Penal Code and Sections 25(1-b)a,26,27,35 of the Arms Act as it is said that while he was preparing for dacoity, one country made pistol was recovered from him. Other two, including Mohammad Sahab @ Sohan are also named in the First Information Report as accused no.3, who has been admitted to the privilege of bail by another Bench of this Court under orders dated 15.10.2008, passed in Cr. Misc. No. 38453 of 2008. It is further submitted that besides the present case, petitioner is not accused in any other case, which fact be verified by the court below and if correct, then appreciating the period of custody undergone by him as under trial prisoner, he (Kashif Ehshan @ Kesif Ahsan) be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 157 of 2008. Arjun/ (V.N. Sinha, J.)