IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38851 of 2008 ASHOK SINGH Versus STATE OF BIHAR For the petitioner : Mr. Vikram Deo Singh, Advocate For the State : Mr. NIrbhay Kumar Singh, APP ----------- 3 22.12.2008 Heard. The petitioner seeks bail in a case instituted under section 414 of Indian Penal Code and sections 25(1-B)A, 26/35 of the Arms Act. Admittedly, in the F.I.R., there is no allegation that this petitioner was carrying the fire arm. The said allegation is against one Hira Ram who is said to have throw the country made pistol and escaped. From the impugned order, it appears that learned Court below has rejected his application for bail precisely on the ground that he is required in another case being S.T. No. 1857/1994. Counsel for the petitioner, referring to the order dated 27.8.2008 passed in S.T. No. 1857/1994, submits that on the date of surrender itself, the petitioner was released on bail. It has further been submitted that the petitioner is in custody in connection with this case since 5.8.2008. Having considered all the aspect of the matter, this Court is inclined to admit the petitioner on bail. Let the petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Taraiya P.S. case no. 34/2008 subject to the condition that one of the bailers should be own/close family members of the petitioner. pkj ( Kishore K. Mandal, J )