IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44095 of 2009 LALI YADAV S/O LATE KEDAR YADAV R/O VILL.- CHAINPUR, P.S.- SISWAN, DISTT.- SIWAN..............................................................................................................................Petitioner. Versus THE STATE OF BIHAR .................................................................................Opposite Party. ----------- 02. 17.12.2009. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in connection with Siswan P.S. Case No. 78 of 2005 for offence punishable under Section 25(1-B) a,26/35 of the Arms Act and Section 4/5 of the Explosive Substance Act. Learned counsel appearing on behalf of the petitioner submits that neither he was apprehended from the spot nor any recovery has been made from his possession rather name of the petitioner has been informed by one co-accused. It is alleged that upon seeing the police party, this petitioner alongwith others escaped from the place and whereas three persons were apprehended, namely, Dhaneshi Chaudhary, Raju Yadav and Suresh Yadav alongwith huge cache of arms and ammunitions. Learned counsel appearing on behalf of the petitioner submits that the person who was arrested from the spot namely, Dhaneshi Choudhary has been granted bail in Cr. Misc. No. 46705 of 2006 vide order passed on 04.12.2006 and that the petitioner has remained in custody since 23.01.2009 i.e., almost a period of one year. 2 Having regard to the circumstances set forth, let the petitioner Lali Yadav be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Siwan, District- Siwan in connection with Siswan P.S. Case No. 78 of 2005, Tr. No. 1848 of 2009 subject to the condition that the petitioner would be attending the court below on each and every date fixed and the failure on his part to attend the court below on two consecutive dates without any reasonable explanation to the satisfaction of the court below would confer liberty on the court below to initiate proceedings for cancellation of his bail bonds and for making him into custody. U.K. (Jyoti Saran,J)