IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20160 of 2010 Onkar Kumar Dubey @ Omkar Dubey, son of Shri Bhola Dubey, resident of Village-Hardia Chouk Narkatiaganj, Police Station-Shikarpur, District-West Champaran. …….Petitioner. Versus The State of Bihar ………………………..Opposite Party. For the petitioner :- Mr. B. N. Mishra, Advocate. Mr. B. K. Mishra, Advocate. For the State :-Mr. Matloob Rab, A.P.P. ----------- 2. 14. 06. 2010. Heard the parties. In a criminal prosecution for offences under Sections 25(1-B)(a)/26 of the Arms Act as also under Section 414 of the Indian Penal Code, there is allegation of recovery of one country made pistol with five live cartridges and a mobile set from the possession of the petitioner. It is submitted by the learned counsel for the petitioner that petitioner is in judicial custody since 31. 12. 2009 and has been sufficiently punished in this case. It is also submitted that as a matter of fact, it was not a case of conscious possession rather it was a case of transplantation. Be that as it may, in the facts and circumstances of the case, the above named petitioner is directed to be released on bail in connection with Trial No. 1416 of 2010 arising out of Chanpatia P.S. Case No. 238 of 2009, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri B. K. Pathak, Judicial Magistrate, Ist Class, Bettiah, District-West Champaran, subject to further conditions; 2 (a) that one of 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 informant/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. ( 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.)