IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7059 of 2010 BANTI @ NISHANT KUMAR son of jagarnath Rai, r/o Mohalla Ranighat, P.S.Sultanganj, Dist. Patna …Petitioner. Versus THE STATE OF BIHAR ----------- 3 16.3.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case instituted under the provision of Arms Act. It is submitted by the learned counsel for the petitioner that one double barrel loaded country made pistol with two live cartridges is alleged to have been recovered from the possession of the petitioner. It is further submitted that petitioner is in judicial custody since 9.4.2009 and other co- accused persons namely Diljit Kumar with almost similar allegation as that of the petitioner has already been admitted to bail by a Bench of this Court by order dated 23.11.2009, passed in Cr. Misc. No. 40322 of 2009. Learned State counsel pointed out that petitioner is accused in some other cases also. Be that as it may, in the facts and circumstances of the case let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand0 with two sureties of like amount each to the satisfaction of Shri Hari Prasad, J.M. Ist class, Patna in Kadam Kuan P.S. case no. 113 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 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 - 2 - filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (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 e 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