IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27563 of 2009 SHAKTI KAHAR @ LOHA KAHAR, son of Rameshwar Prasad, resident of Village – Suara, P S – Dehri, District – Rohtas at Sasaram Versus STATE OF BIHAR ----------- 02. 07.09.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 27.03.2009 in Dehri (Indrapuri) P S Case No. 130 of 2009 for the offence under sections 25(1-b) A/26/35 of the Arms Act. As per the FIR petitioner along with two others were arrested when they were sleeping in a room and one country made gun along with two live cartridges were found under beneath the bed. Submission of the counsel for the petitioner is that petitioner has no criminal antecedent. There is no conscious possession of the gun and so far as petitioner is concerned, he was one of the persons sleeping in the room along with two others. Therefore, it can not be said that he was in possession of the gun as such. Looking at the period petitioner has been in custody and kind of allegation made, let petitioner Shakti Kahar alias Loha Kahar be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Dehri (Indrapuri) P.S. Case No. 130 of 2009. One of the sureties will be executed by the father of the petitioner on due - 2 - identification by the court below. Petitioner will co-operate in the trial of the case. rkp (Ajay Kumar Tripathi, J)