IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29561 of 2010 NAVIN PASWAN @ DHIRAJ, S/o Nand Kishore Paswan, R/o Village- Sahuri, P.S.-Birpur, District- Begusarai. Versus STATE OF BIHAR ----------- 2. 12-08-2010 Heard the parties. In a criminal prosecution registered under sections 25(1-B),(a)/26 of the Arms Act, the petitioner was apprehended on suspicion by the police and from his possession one country made pistol is said to have been recovered. Learned counsel for the petitioner submits that even according to the prosecution case, only empty country made pistol was recovered and no cartridge was found there in that fire arm. He further submits that as a matter of fact it was a case of transplantation at the behest of the prosecution party. The petitioner is stated to be in custody since 7.4.2010. In the aforesaid facts and circumstances, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 134/2010, subject to the conditions that (i) one of the bailors 2 must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (ii) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. Sujit (Birendra Prasad Verma,J)