IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35463 OF 2009 MUKESH PASWAN, SON OF UPENDRA PASWAN, RESIDENT OF VILLAGE BIJAHARA, P.S. KONCH, DISTRICT GAYA VERSUS STATE OF BIHAR ----------- 2. 09.11.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under sections 147, 148, 307, 353, 412, 414, 386, 212, 120B of the Indian Penal Code and sections 25(1-B), 26, 35 of the Arms Act and section 17 of Criminal Law Amendment Act. Learned senior counsel for the petitioner submits that petitioner is not named in the first information report and his name got implicated in the case on the basis of alleged extra-judicial confession of one of the co- accused. He submits that petitioner has no criminal antecedent at all which fact has also been mentioned in paragraph 9 of the application. The court of Chief Judicial Magistrate, Gaya shall check up with regard to criminal antecedent of petitioner (Mukesh Paswan) and if it finds that petitioner has no criminal antecedent at all, it shall allow him on bail on - 2 - furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction in Paraiya P.S. Case No. 5/01, G.R. No.62/01 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)