IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9054 of 2010 ASHOK SAH Versus STATE OF BIHAR ----------- 2. 15.03.2010 The case is under Sections 399, 402, 114 of the Indian Penal Code as well as 25(1-b) A, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the allegation is against the petitioner and two others only under Section 399 which requires participation of at least five persons as defined in Section 391 of the Indian Penal Code. The allegation is that the petitioner along with two others was seen on a motorcycle and on search five live cartridges were recovered from petitioner’s possession and that one loaded country made pistol was recovered from each of the other two accused persons. The learned counsel says that the petitioner is in custody since 09.10.2009. further submission is that vide Annexure-2 co- accused Heera Lal Mandal from whom recovery of the country made pistol and live cartridges was held, has been allowed bail vide order dated 26.2.2010 under Cr. Misc. No. 2763 of 2010 vide Annexure-2 on the terms and conditions as mentioned. The learned A.P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner, Ashok Sah is admitted to bail on furnishing bail bond of Rs. 40,000/- (forty thousand) with two sureties of the like amount each to the - 2 - satisfaction of IVth Additional Sessions Judge, Fast Track Court-IVth, Banka, in S.T. No. 14 of 2010, arising out of Banka P.S. Case No. 427 of 2009. The bailors will be the father, namely, Suresh Sah and brother- in-law Mukesh Kumar Sah of the petitioner and they will file their photographs before the court below. The bailors will also swearing affidavit that they are not involved in any other case. If the petitioner is found involved in any other criminal prosecution during pendency of the present case, it shall constitute mis-use of privilege of bail which will be liable to cancellation of his bail bond by the court below itself. (C.M. Prasad, J.) Ravi/-