IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33934 of 2010 AJIT SAH son of Haridwar Sah R/o village Bahuwara P.S. Manoharpur, Dist. Buxar …..petitioner. Versus STATE OF BIHAR opposite party. ----------- 2 15.09.2010 Heard the parties. In a criminal prosecution registered under sections 25(1- B) a/26/35 of the Arms Act, co-accused Upendra Chaudhary and co- accused Jitendra Noniya were arrested by the police on spot and from their possession certain firearms were recovered. Aforesaid two apprehended co-accused persons are alleged to have disclosed the name of the petitioner also besides other as their accomplice. It is submitted that admittedly the petitioner has been arrayed in the category of accused only on the basis of statement made by the co-accused. No incriminating articles much less any firearms have recovered either from the house or from the possession of the petitioner. The petitioner is stated to be in judicial custody since 17.6.2010. In the aforesaid facts and circumstances the above named petitioner is directed to 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 C.J.M, Buxar in connection with Sikraul P.S. Case No. 37 of 2010 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 2 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. M.Rahman ( Birendra Prasad Verma, J )