IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38608 of 2009 ASLAM @ KALAKA, S/0 LATE MD. KARA, R/O VILL. – DARGAH KARBILLA NEAR CHHOTI MASJID, TENANT OF BADRUL MIAN, P.S. – SULTANGANJ, DISTT. – PATNA ……………..…. PETITIONER Versus THE STATE OF BIHAR ………………………. OPPOSITE PARTY. ----------- For the Petitioner:- Mr. Ajay Kumar No. 1, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. ------------- 3. 11.12.2009. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted on behalf of the petitioner that the petitioner is not named in the first information report, which has been lodged against unknown persons. However, though the informant claims to identify the miscreants, if they are produced before him, the petitioner has not been put on T.I. Parade though he is in custody since 18.06.2009. There is no recovery of any incriminating material from possession of the petitioner. Learned counsel further submitted that petitioner was apprehended in Bahadurpur P.S. Case No. 61/2009 under Sections 399 & 402 I.P.C. and certain Sections of the 2 Arms Act and, thereafter, he was remanded in this case later on. It is also submitted that in that case, petitioner has been granted bail by the Addl. Sessions Judge concerned itself. That apart, it is claimed, petitioner is not involved in any other criminal case. Petitioner’s name has surfaced only on the basis of the confessional statement of co-accused Sukhari, who stated before the police that it was he, who had fired upon the informant. Having regard to the facts and circumstances of the case, I direct the petitioner, namely, Aslam @ Kalaka to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Pana City (Patna) in connection with Alam Ganj P.S. Case No. 118/2009, subject to the condition that one of the bailors must be either the family member or close relative of the petitioner, who shall swear an affidavit before the concerned court giving complete genealogy showing his relationship with the petitioner. It is also made clear that if the petitioner, after his release in this case, again involves himself in a criminal case of similar nature, it would be open for the concerned court 3 to take steps for cancellation of the bail bonds of the petitioner. dk ( Dr. Ravi Ranjan, J. )