IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9180 of 2010 Ram Pragas Mahto, S/o Late Laxman Mahto, resident of Village- Patpara, P.S. Bibhutipur, Districrt- Samastipur. ……Petitioner. Versus The State of Bihar ……………………….Opposite Party. ----------- 2. 15. 03. 2010. Heard the parties. The petitioner is an accused in a case instituted under Section 25(1-B), 26 and 35 of the Arms Act. It is submitted by the learned counsel for the petitioner that according to the F.I.R. while three miscreants were going on motorcycle towards Rosera, they were intercepted by the Police and on search being made, one country made revolver of six round loaded with three cartridges is said to have been recovered from the possession of the petitioner. It is submitted by the learned counsel for that it was a case of transplantation and as a matter of fact, no recovery was made. It is further submitted that petitioner is in judicial custody since 02. 10. 2009. It has also been submitted that co-accused Suresh Mahto with almost similar allegation has been granted bail by an order of this Court. Be that as it may, in the facts and circumstances of the case, the petitioner, namely, Ram Pragas Mahto, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Rosera, in connection with Rosera P.S. Case No. 165/2009, subject to the conditions 2 (a) that one of the bailors must be Govt. Servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the information/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. (Birendra Prasad Verma,J.)