IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33114 of 2009 SURESH MALLAH SON OF RAMNATH MALLAH, RESIDENT OF VILLAGE MOHANPUR, P.S. BHAGWANPUR, DISTRICT KAIMOOR …. PETITIONER Versus STATE OF BIHAR ----------- 3. 29.10.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-b)a/26 of the Arms Act and Section 17 of the C.L.A. Act. The submission is that for the alleged recoveries two cases were instituted showing the same time of occurrence and institution of the first information report which appears to be highly suspicious. The explanation has been called for from the S.P. concerned, who has stated that it was a bonafide mistake but has offered no explanation as to how two cases came to be instituted for recoveries made in the same transaction. The petitioner has been granted bail in Bhagwanpur P.S.case No.29 of 2009 since the charge sheet was not filed within the stipulated time. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 11.3.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial - 2 - Magistrate, Kaimoor at Bhabhua in connection with Bhagwanpur P.S.case No.28 of 2009, subject to the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. Narendra/ ( Anjana Prakash, J. )