IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42130 of 2009 SHREE NIWAS PRASAD @ SHRI NIWAS PRASAD, son of Shri Raj Narayan Prasad, resident of village – Sikatiya, P.S. Maharajganj, District Siwan ……… Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the petitioner : Mr. Umesh Kumar Mishra, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. ------ 3 08.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 25(1-b)A, 26 of the Arms Act. As per the allegation set up in the first information report, one country made pistol along with 5 live cartridges and one empty cartridge have been recovered from the bed of the petitioner. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in this case. It is also submitted that the fire arm was not recovered from the conscious possession of the petitioner. Petitioner is stated to be in custody since 21.5.2009. In the facts and the circumstances of the 2 case, the petitioner, SHREE NIWAS PRASAD @ SHRI NIWAS PRASAD, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 72 of 2009, with a further condition that one of the bailors of the petitioner must be his father. If, after his release in this case, the petitioner is again found implicated in similar case, then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Spd/- (Dr. Ravi Ranjan, J.)