IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19641 of 2010 BIHARI YADAV Versus STATE OF BIHAR ----------- 2. 15.6.2010. Heard learned counsel appearing on behalf of the petitioner and the State. Petitioner is an accused in a case arising from Raj Nagar P.S.Case No.65 of 2010 for the offence punishable under Sections 399, 402, 120B, 414 of the Indian penal Code and section 25 (1-A) (B) 26 and 35 of the Arms Act. Learned counsel for the petitioner, with reference to the statement made in the first information report, submits that the no case under either of the sections is made out against the petitioner who is the owner of the coal depot. He submits that it is admitted fact that recovery of loaded pistol and cartridges were made from the possession of co-accused Sanjit Kumar Yadav. He submits that no incriminating article was recovered from the personal possession of the petitioner. It is submitted that the petitioner has clean antecedent and has been unnecessarily roped in the case. Having regard to the submissions aforesaid, let petitioner Bihari Yadav be released on bail on furnishing bail bond of Rs.10,000/- 2 (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Raj Nagar P.S.Case No.65 of 2010 subject to the conditions that the petitioner would file an affidavit before the court below regarding his clean antecedent and if it is found false, learned court below would be at liberty to initiated proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.)