IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4107 of 2009 SANJAY KUMAR SINGH, Son of late Kunja Pd. Singh, resident of Village - Harpur Bochaha, P.S. Bidyapati Nagar, District – Samastipur. ….. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 03/ 06.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is the informant of Bidyapati Nagar P.S. Case No. 106 of 2006 which was lodged against one Bimal Paswan, who is said to have been apprehended by the petitioner with the fire arm and cartridge which was produced before the Officer-in-charge of Bidyapati Nagar Police Station, who registered aforesaid Bidyapati Nagar P.S. Case No. 106 of 2006. During investigation/supervision of the aforesaid Bidyapati Nagar P.S. Case No. 106 of 2006 it, however, transpired that Binod Paswan was never in custody of the arms alleged to be in his possession by the petitioner, rather those arms were of the petitioner and on the basis of such conclusion the present Bidyapati Nagar P.S. Case No. 53 of 2008 dated 5.5.2008 was registered against the petitioner for offences under Sections 25(1-B)A/26 of the Arms Act and he is apprehending his arrest. It is submitted on behalf of the petitioner that it is very strange that he being the informant of the case is now being implicated in that case at the instance of the officer-in-charge and the supervising officer and he should be allowed protection by this Court and granted bail in the event of arrest. Let petitioner Sanjay Kumar Singh surrender in the court below within four weeks from today and if the court below is satisfied - 2 - after due enquiry that petitioner is not accused in any case relating to the Arms Act or any other serious offence against human body, then he be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, District – Samastipur in connection with Bidyapati Nagar P.S. Case No. 53 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. Until such verification no coercive steps be taken against the petitioner. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. DKS/ (V.N.Sinha, J.)