IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28835 of 2011 Ramod Kumar @ Ramod Kunwar son of late Bhasho Kunwar, resident of Village-Amatiya, Police Station-Bachhwara, District- Begusarai. ........Petitioner Versus The State Of Bihar. ..........Opposite Party ----------- 03 14.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under sections 25 (1-b) (a) and 26 of the Arms Act, is solitary named accused in this seven years old case, with allegation of recovery of some fire arms and ammunitions from his bed. Submission is that police was allegedly in search of the petitioner in connection with two cases bearing Bachhwara P.S. Case No. 98 of 2001 and 62 of 2004, both the under section 302/34 of the Indian Penal Code instituted against unknown, wherein police after investigation had already submitted charge-sheet respectively on 30.06.2002 and 25.10.2004. Earlier, finding the case without any clue and another against two persons and closed the investigation, this itself indicate that at least petitioner was not required in the two cases, wherein he was allegedly chased. Moreover, at no point of time in spite of directions, as evident from case diary to execute due process issued as against the petitioner any step was taken and petitioner had no knowledge of the case earlier. Considering the facts and circumstances of the case, in the event 2 of petitioner having no pending criminal case against him, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S. Case No. 151 of 2004, subject to condition laid down under section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case, and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Safik (Akhilesh Chandra, J.)