IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36122 of 2009 BISPAT YADAV @ AJAY YADAV Son of Pyare Yadav R/O Village Teliyadih, P.S. Jhajha, Distt. Jamui. Versus STATE OF BIHAR ----------- 2 3/11/2009 Heard counsel for the petitioner and counsel for the State. In the light of the self contained inherent contradiction in the First Information Report that the money was taken away from the Informant by the petitioner the remaining allegation against him of being one of the three members of the gang to have asked for certain Rangdari by itself would not be sufficient for the petitioner now to keep him in custody taking into account that he is in jail for a period over six months (w.e.f. 12.4.2009). This Court is, however, granting bail to the petitioner by taking into account the oral statement of counsel for the petitioner that the petitioner has only one more criminal case under the Arms Act and otherwise he has no criminal antecedent. The court below, therefore, before releasing the petitioner on bail must verify criminal antecedent of the petitioner and if it is found that the petitioner is made accused only in the present case and in another case under Arms Act, he would be enlarged on bail, but if there is any third case pending against the petitioner, he would not be entitled for bail at least till he completes one year of his judicial custody. Subject to the aforementioned condition the petitioner, namely, Bispat Yadav @ Ajay Yadav shall be released on bail on 2 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jamui in Jhajha P.S. Case No.42 of 2009. One of the bailer must be either of the parents or wife of the petitioner. Abhay Kumar (Mihir Kumar Jha, J.)