IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42326 of 2009 OM PRAKASH RAJBHAR, S/o Munan Rajbhar, resident of village Bharatpura, P.S. Sheikhpura, District Balia (U.P.) Versus STATE OF BIHAR ----------- 2. 8.12.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner facing prosecution for offence u/ss 399/402 I.P.C. and sections 25/26 of the Arms Act for being allegedly nabbed at the spot and in possession of a country made pistol has his defence at least for the purposes of bail that not only he has been falsely implicated by the police in this case but even otherwise he has got no criminal antecedent and has remained in jail since 2.2.2009 i.e. for more than ten months and thus entitled for bail. Considering all these aspects especially the fact that the petitioner has got no criminal antecedent and the recovery from him is confined to one country made loaded pistol, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the 2 Chief Judicial Magistrate, Siwan in Raghunathpur P.S.Case no. 10/2009, one of which must be furnished by close family relative preferably either of the partents or his wife. It is made clear that if now the petitioner would be found to be involved in any such similar offence his not only present bail shall stand cancelled but he would not be entitled for bail till conclusion of the trial. It would be part of the condition the petitioner remaining on bail that he will also remain present in course of trial and his absence on two consecutive dates shall make him liable for cancellation of his bail. (Mihir Kumar Jha,J.) Surendra/