IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40091 of 2010 NITIN KUMAR JHA @ GULGUL SON OF LATE VIJENDRA JHA @ VAKIL JHA Versus STATE OF BIHAR ----------- 2 9.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Sitamarhi P.S.Case No.248 of 2010 for offences punishable under sections 414, 387, 120B, 379 of the Indian Penal Code and section 25(1-b), 26(iii), 35 of the Arms Act. Substance of allegation as against this petitioner is of recovery of a loaded country made pistol with a live cartridge as also recovery of a motor-cycle at his instance. Learned counsel for the petitioner, with reference to the order passed in Cr.Misc.No.35299 of 2010 dated 11.10.2010, submits that in similar circumstance, co-accused Kundan Kumar has been granted bail by a bench of this Court. He submits that the petitioner, for the said offence, has remained in custody since 27.4.2010. Taking into consideration the 2 submissions of the learned counsel, let the petitioner Nitin Kumar Jha alias Gulgul 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 the Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S.Case No.248 of 2010, subject to the condition that one of the close relative of the petitioner shall stand as one of the bailor and who shall file an affidavit before the court below indicating his genealogy with the petitioner and shall be under a duty to inform the court below in case this petitioner, after his release in the present case, is named or is found involved in any other case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse. ahk (Jyoti Saran, J)