IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27215 of 2009 Ranjeet Rai, S/o Arjun Rai @ Arjun Parsad Sharma, Resident of Village Barahpur, P.S. Azimabad, Distt. Bhojpur. -------- Petitioner Versus State of Bihar ------ Opp. Party ----------- 3 14.12.2009 Heard learned counsel for the petitioner and counsel for the State. The petitioner seeks bail in connection with a case lodged under Section 25(1-B)A of the Arms Act and has defence that the five unexplained cartridges of rifle allegedly recovered from the house of the petitioner cannot be said to be recovered from his conscious possession, inasmuch as, the petitioner was not present in the house at the time of search and seizure. Counsel for the petitioner would also submit that there is a lot of confusion as with regard to the said recovery, inasmuch as, it is an admitted fact that the father of the petitioner was a licensee of double barrel gun and recovery of the gun and 25 cartridges of that gun stand well explained and therefore, the implication of the petitioner as also his father only for five unexplained rifle cartridges seems to be more or less a case of false implication at 2 the instance of the police. Counsel for the petitioner submit that the petitioner has got no criminal antecedent and in fact on same day, two cases were lodged against him one being the present one and the other being Azimabad P.S. Case No. 8 of 2009. Considering the aforementioned fact as also the fact that the petitioner has remained in custody for a period over six months (w.e.f. 28.5.2009), this Court would direct for release of the petitioner, namely, Ranjeet Rai on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur in connection with Azimabad P.S. Case No. 9 of 2009, subject to the condition that one of the bailors shall be a close family relative of the petitioner. It is, however, made clear that if now the petitioner is again made accused in any case of similar nature, the present bail of the petitioner shall also stand cancelled. Rsh (Mihir Kumar Jha, J.)