IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20214 of 2010 SAHJAD @ PAPPU KHAN @ PAPPU son of Md. Tammanna, Resident of village Gobvindpur, P.s. Fatuha, Dist. Patna. ….Petitioner. Versus STATE OF BIHAR O.P. ----------- For the petitioner: Mr. Sunil Kr. Pathak, Advocate For the State : Mr. J.K. Singh, A.P.P. ----------- 2 15.6.2010 Heard the parties. In a criminal prosecution for the offences under sections 399 and 402 of the Indian penal Code as also under sections 25(1-B)(a)/26/35 of the Arms Act, the petitioner is named in the FIR as an accused and there is allegation of recovery of one country made pistol and five live cartridges and one mobile set from the possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is in judicial custody since 5.8.2009 and as a matter of fact no occurrence in the manner as alleged has ever taken place and the entire prosecution case is full of concoction and fabrication . It is further highlighted that other co-accused persons, with almost similar and identical allegations, have already been granted bail by different Benches of this Court and this fact has been mentioned in the impugned order passed by the Sessions Judge also. It is stated that there is no criminal history against him. In the aforesaid facts and circumstances, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Sessions judge-VII, Patna in connection with S.Tr. No. 1530 of 2009 arising out of Gandhi Maidan P.S. Case No. 309 of 2009, subject to the conditions. - 2 - (a) That one of the 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. ( Birendra Prasad Verma, J. ) M.Rahman