IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24115 of 2009 PINTU KUMAR KHATIK Versus STATE OF BIHAR ----------- 2. 15.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 25(1-B)A, 26 of the Arms Act. Alleging false implication, it is submitted that he was not apprehended at the spot, witnesses to the alleged seizure list are none of his family members, the allegations being of recovery of fire-arm from his house. It is next submitted that the Police had allegedly come to the house of the petitioner in context of Chandauli P.S.Case No. 310 of 2008 dated 16.6.2008 under Sections 4 & 5 of the Explosive Substances Act when during investigation of the same it has been recorded to the contrary that nothing was recovered from the house of the petitioner. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on provisional anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Rohtas at Sasaram in Dehri(T) P.S. case No.131 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. for a period of one month only. 2 On the day he furnishes his bail bonds, he shall be required to be physically present. The court below will verify from records or seek information with regard to the submission that in an occurrence of the same date in Chandauli P.S. Case No. 310 of 2008 the case diary records no recovery from the house of the petitioner. For the purpose, if satisfied, the court below may extend the provisional anticipatory bail awaiting the complete report. After the report is received, the court below shall be at liberty to either confirm his provisional anticipatory bail or to reject the same on basis of the report that may be made available to it. The application for anticipatory bail stands disposed. Let the order be communicated by fax at the cost of the petitioner. AKS/ (Navin Sinha, J.)