IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22098 of 2010 ABHAY YADAV Versus STATE OF BIHAR ----------- 2. 02.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Raj Nagar P.S. Case No. 65 of 2010 for offence punishable under Sections 399, 402, 120B, 414 of the Indian Penal Code and Sections 25 (1-A)B, 26 and 35 of the Arms Act. Learned Counsel for the petitioner with reference to the allegation set out in the F.I.R. submits that no case is made out against this petitioner and he has been falsely implicated in this case merely because he was found sitting at the coal depot. He submits that no recovery of any incriminating articles was made from the possession of the petitioner. He submits that a loaded pistol and live cartridges was recovered from the possession of a co-accused, Sanjit Yadav. Learned counsel further submits that in similar circumstances co-accused Bihari Yadav was granted bail in Cr. Misc. No.19641 of 2010 vide 2 order passed on 15.6.2010 and the accused Ram Adhar Yadav and Dharmbir Yadav have been granted bail in Cr. Misc. No. 20358 of 2010 vide order passed on 16.6.2010. Taking into consideration the circumstances and submission of learned counsel, let the petitioner, namely Abhay Yadav be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Raj Nagar P.S. Case No. 65 of 2010, subject to the condition that the petitioner would be attending the Court below on each and every date fixed and upon failure on his part to attend the Court below on two consecutive dates without reasonable explanation to the satisfaction of the Court below would entitle the Court below to initiate proceedings for cancellation of his bail bonds and for taking him into custody. Anand Kr. (Jyoti Saran, J.)