IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33115 of 2011 Akshay Singh, Son of Sri Satya Narayan Singh, R/o Village Singhna, P.O. Singhna, P.S. Amba, District Aurangabad (Bihar). At present Sri Krishna Nagar (Ahari), P.O + P.S. & District Aurangabad (Bihar). -------Petitioner Versus The State Of Bihar -----Opposite Party ------------------- 03/- 29/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 70 dated 22.10.2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 25(1-b) A, 26, 35 of the Arms Act, is named accused in this case from whose village house fire arms and ammunitions were recovered during police raid conducted in his absence. Submission is that under compelling circumstances for last several years he has left the village and used to reside in the township leaving the affairs at the village to care takers. Further, under almost similarly situated circumstance, co-named accused Raj Kishore Singh @ Thakur Raj Kishore Singh has already been granted the privilege by a Bench of this Court vide order dated 18.10.2011 passed in Cr. Misc. No. 31707 of 2011. Moreover, petitioner also has no criminal antecedent. If, it is so, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S. Case No. 51 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)