IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42219 of 2009 UPENDRA YADAV, son of Late Damodar Yadav, resident of Chetuadih, P.S. Khera, District-Jamui….. Petitioner. Versus STATE OF BIHAR ----------- 2. 07.12.2009. Heard counsel for the petitioner and counsel for the State. The petitioner who is facing prosecution for offence under Section 25/26 of the Arms Act and section 47 A of the Excise Act has his defence that it was the handicraft of seizure-witness Mukesh Kumar Yadav who had landed him in the present case inasmuch as said Mukesh Kumar Yadav was an accused in a first information report filed by mother of the petitioner relating to kidnapping of brother of the petitioner. Mrs. Soni Srivastava has also submitted that the petitioner is the first offender for the offence under Excise Act and he is in custody since 27.7.2007 i.e. more than four months. Considering the aforementioned fact particularly that the petitioner has got no criminal antecedent and there could have been a motive for his false implication at the instance of aforesaid Mukesh Kumar Yadav, 2 this court also taking into account that the petitioner has remained in custody for almost more than four and half months would direct for release of the petitioner namely Upendra Yadav on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khera P. S. Case No. 128 of 2009, subject to a condition that one of the bailors must be the mother of the petitioner. It is made clear that if now the petitioner is found to be indulging himself in similar nature of offence, his present bail shall also stand cancelled. kanchan (Mihir Kumar Jha, J.)