IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39604 of 2009 RAM PRAKASH SAH @ PRAKASH SONAR @ PRAKASH SAH S/O SHIVJI SAH, R/O VILL-NINGA, P.S- BARUNI, DISTT- BEGUSARAI… .. PETITIONER Versus THE STATE OF BIHAR … …OPPOSITE PARTY For the Petitioner: Mr. Soni Shrivastava, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 4 21.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section of the Indian Penal Code. It is submitted on behalf of the petitioner that there is recovery of country made pistol along with one mobile phone, allegedly from the ventiloator of the house of the petitioner. It is further submitted that at that time the petitioner was not present in the house, however, it has been alleged in the first information report that at the time of raid he had escaped from the spot. A supplementary affidavit has been filed by the petitioner stating therein that there were three other criminal cases against the petitioner—first one is Complaint Case No. 135C/2006 for the offence under section 498A of the Indian Penal Code, wherein he has already been granted bail, second case is Bahraini P.S. Case No. 296/93 registered under different sections of the Arms Act, however, 2 it is submitted that final form had been submitted exonerating the petitioner and the third one is Bahraini P.S. Case No. 502/2002 registered for the offence punishable under section 414 of the Indian Penal Code, however, in that case, it is submitted, final form had been submitted exonerating the petitioner. The petitioner is stated to be in jail custody since 09.07.2009. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Ram Prakash Sah alias Prakash Sonar alias Prakash Sah, 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 Chief Judicial Magistrate, Begusarai in Bahraini Police Station Case No. 184/2007 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he is related with the petitioner. Further, after his release, if the petitioner would indulge in similar kind of offences, the court concerned will be at liberty to initiate a proceeding for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)