IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20406 of 2010 RAM BABU SINGH son of Ram naresh Singh, R/O village Gumla, P.S. kalayankar, Dist. SAmastipur….Petitioner. Versus THE STATE OF BIHAR O.P. ----------- For the petitioner : Mr. Sumant Kr.Singh, Advocate. For the State : Mr. Rampriyasharan Singh, A.P.P. ------------ 2 16.6.2010 Heard the parties. In a criminal prosecution for offences under sections 25(1- B)(a)/26 of the Arms Act, petitioner is alleged to be having possession of a country made pistol with certain live cartridges. It is submitted by learned counsel for the petitioner that he is student of a college and his apprehension was made on suspicion, while he was going to the matrimonial home. It is also submitted that in fact no firearm was recovered from the conscious possession of the petitioner and alleged recovery is result of transplantation by the prosecution party itself. The petitioner is stated to be in judicial custody since 12.12.2009. It is also submitted that he is a man of fair antecedent. In the aforesaid facts and circumstances, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Gaya in connection with Khizersarai P.S. Case no. 204 of 2009,subject to the conditions : (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 - 2 - 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. ( Birendra Prasad Verma, J. ) M.Rahman