IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35060 of 2009 KAUSHAL KUMAR PATHAK Versus STATE OF BIHAR ----------- 02/ 28.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner Kaushal Kumar Pathak is accused in Jakkanpur P.S. Case No. 52 of 2009 for offences punishable under Sections 25(1-B)a/26 and 35 of the Arms Act. Substance of allegation as against the petitioner is of recovery of a country made six round revolver loaded with three cartridges. Learned counsel appearing on behalf of the petitioner denies the factum of recovery and submits that he is in custody since 11.3.2009 and one of the co- accused Navin Kumar Pathak has been granted bail by this Court in Criminal Misc. No. 23805 of 2009 vide order passed on 3.8.2009. Learned counsel submits that the case of the petitioner is on similar footing. Having regard to the facts and circumstances, let petitioner Kaushal Kumar Pathak be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction 2 of learned Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S. Case No. 52 of 2009 subject to the condition that one of the bailors would be close relative of the petitioner and who would also indicate his relationship with the petitioner. The said bailor would also have a duty to inform the court below if this petitioner is involved in any further criminal case and whereupon the court below would be at liberty to initiate proceedings for cancellation of his bail and for taking him into custody. S.Sb/- (Jyoti Saran, J.)