IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7849 of 2010 JUBAIR ANSARI, SON OF ABDUL REHMAN ANSARI, RESIDENT OF VILLAGE RAMNAGAR, P.S. TANDWA, DISTRICT AURANGABAD. Versus STATE OF BIHAR ----------- 2. 10.3.2010. Heard Mr. Sanjay Kumar, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in Aurangabad (Muffasil) P.S. Case No.156 of 2009 for the offence under Sections 399 and 402 of the Indian Penal Code and 25(I- B)a/26/35 of the Arms Act. Learned counsel for the petitioner submits that only one live cartridge has been alleged to be recovered from possession of this petitioner. Learned counsel for the State vehemently opposes the prayer for bail. He states that petitioner is a member of Inter-State gang of criminal and as such he may not be granted the privilege of bail. From the material available on record, I do not find any material to suggest corroboration of the allegation as advanced by learned counsel for the State. The petitioner is in custody since - 2 - N.H./ 10.9.20099 and as such the petitioner above named is directed to be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in Aurangabad (Muffasil) P.S. Case No.156 of 2009 with a condition that the petitioner shall remain present in court on each and every date, failing which his bail bond shall stand automatically cancelled provided that in special exigency, the petitioner can make a prayer before the court for prior permission for his none appearance on a particular date and the court below may examine such prayer on its own merit. With above condition and direction, the bail petition is allowed. ( Rakesh Kumar,)