IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30455 of 2009 ARBIND SINGH Versus THE STATE OF BIHAR ----------- 03/ 07.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in Basantpur P.S. Case No. 23 of 2009 for offences punishable under Sections 25(1-B) A/26 and 35 of the Arms Act. The substance of allegation as against the petitioner is of recovery of country made pistol and some cartridges from his waist pocket. An antecedent report had been called for by this Court which shows that there are about 11 cases pending for various nature of offences. Learned counsel appearing on behalf of the petitioner in this regard submits that he has been framed in most of the cases at the instance of the Police and which fact is apparent from the judgment passed in trial arising from two of these cases bearing Sessions Trial No. 312 of 2003 with Sessions Trial No. 61 of 2004 in which the judgment was pronounced on 11.5.2006. The said trial was with reference to offences punishable under Sections 447, 34, 307 and 384 of the Indian Penal Code and the accused of the said cases had been acquitted of the 2 charge. The name of the present petitioner appears at Sl. No. 3 of the said judgment passed by the Additional District and Sessions Judge, (Fast Tract Court No. III), Siwan. Learned counsel further submits that the petitioner has also been acquitted in another matter vide judgment dated 20.9.2003 passed by learned Judicial Magistrate, Ist Class, Siwan in Case No. 1127 of 2003, Trial No. 1062 of 2003. This case was registered under Section 392 of the Indian Penal Code. The name of the petitioner appears as accused no. 1 in the said judgment. The learned trial court vide judgment passed on 20.9.2009 was pleased to acquit the petitioner of the charges. In these circumstances, counsel for the petitioner made a prayer for grant of bail. He further submits that the petitioner is in custody since 15.3.2009. Considering the facts and circumstances, let petitioner Arbind Singh be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 23 of 2009. S.Sb/- (Jyoti Saran, J.)