IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33376 of 2009 ***** Kishun Mandal @ Kishan Mandal, son of Late Bhumi Mandal, resident of village- Barohiya, Police Station Buddhuchak, District Bhagalpur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 17.9.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The present case under Section 25(1-B)A of the Arms Act, being Ekchari (Pirpaintee) P.S. Case No.38/08, came to be lodged against the petitioner on 13.12.2008 on the basis of statement of a police officer that they were on a patrolling duty looking for certain absconders in the area known as Mukhanni Diayara they suddenly saw a person throwing a arms and escaping from Basa (a temporary structure erected at the field). Thereafter it is alleged that the Chowkidar of the area Ganauri Paswan identified the person as Kishan Mandal, present petitioner. He could not be apprehended. From the said Basa a country made gun with a live cartridge was recovered. Submission of learned counsel for the petitioner is that the petitioner has no criminal antecedent of any kind. There was no recovery from the present petitioner, only an allegation that the informant saw somebody throwing an arm and running away. There is lot of unexplained area with regard to the allegation. Even otherwise for an offence of the kind the petitioner has remained in custody since 26.2.2009 and that should be considered for petitioner being enlarged on bail. A categorical statement having been made at the Bar that - 2 - the petitioner has no criminal antecedent of any kind, let the petitioner, namely, Kishun Mandal @ Kishan Mandal, be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Ekchari (Pirpaintee) P.S. Case No.38/08. One of the sureties will be executed by a close relation on due identification. It is further recorded that the Court below will be free to verify the position about there being no criminal antecedent or any other case pending against the petitioner. If the statement made with regard to clean antecedent is correct then the petitioner will be given the privilege of bail in terms of the present order. Pawan/- (Ajay Kumar Tripathi, J.)