IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41108 of 2009 CHANDRA PRAKASH son of Rajendra Prasad, resident of Mohalla Dariyapur, P. S. Fathua, District- Patna….. Petitioner. Versus STATE OF BIHAR . ----------- 2. 01.12.2009. Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner for offence under Sections 399/420 I.P.C. and 25/35 of the Arms Act is pertaining to allegation of either his being part of a gang which was planning for dacoity or recovery of seven cartridges from his conscious possession. Counsel for the petitioner would submit that petitioner has got no criminal antecedent and he has been roped in this case by the police on the basis of mere suspicion inasmuch as the petitioner does not live in this State and is an employee at Delhi in relation to computer designing. Considering the fact that the petitioner’s arrest was made by the police at the spot with a veteran gang out of which many of them were found to be in conscious possession of deadly unlicensed weapons and the fact that the petitioner was also found 2 to be in possession of seven cartridge, this court is not inclined to grant bail to the petitioner till he would complete his judicial custody for a period of six months. The petitioner, Chandra Prakash is said to be in custody since 5.8.2009 and therefore he would be released on bail on or after 5th February 2010 on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajiv Kumar, Judicial Magistrate Ist Class Patna in connection with Gandhi Maidan P. S. Case No. 309/09, subject to a condition that one of the bailor must be either of his parents. The petitioner shall also give an undertaking that if in future he would be found to be involved in similar offence, his present bail shall stand cancelled. kanchan (Mihir Kumar Jha, J.)