IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42863 of 2008 SUDHAKAR PATHAK Son of Late Bharat Pathak, Resident of Village Singhi, P.S. Bhagwanpur (Belaon) District- Kaimur -----------------Petitioner Versus STATE OF BIHAR -------------------Opposite Party ----------- 5. 8.4.2009 This application is for grant of anticipatory bail in a case under Sections 25(1-B)A and 26 of the Arms Act. A country made pistol was recovered from the outer Dalan of the house of the petitioner. Learned counsel for the petitioner submits that the seizure list witnesses namely Ghanshyam Pathak, Raju Pathak and Ashok Pathak are on litigation terms with the petitioner. Annexure-6 is the plaint of the title suit pending between the petitioner and the seizure list witnesses whereas Annexure-5 is a case filed by the uncle of the petitioner who is plaintiff no. 1 in the suit against these two witnesses. The case was found to be untrue and accordingly final form was submitted exonerating the petitioner. The Chief Judicial Magistrate has taken cognizance on the basis of the seizure list and the F.I.R. Be that as it may, the petitioner Sudhakar Pathak is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of four weeks in connection with Bhagwanpur (Belaon) P.S. Case No. 42/06 on furnishing bail bond of Rs. 10,000/-(ten thousand) with - 2 - two sureties of the like amount each to the satisfaction Shri P.C. Pandey, Judicial Magistrate, Ist Class, Bhabua (Kaimur), subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)