IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20844 of 2009 UPENDRA YADAV Versus STATE OF BIHAR ----------- 2. 30.06.2009 Heard counsel for the parties. The petitioner seeks bail in a case instituted under diverse sections of the Arms Act as well as section 414 of IPC. As per allegations, seeing the police party, the petitioner tried to escape/flee away from the scene of occurrence. He was chased, overpowered and enquired. He disclosed his identity. It is further alleged that in course of search of his person in presence of the witnesses a country-made loaded pistol of 315-bore along with live cartridges of 315-bore and a Nokia mobile set was/were recovered. Counsel for the petitioner states that there is no allegation that the Nokia mobile set allegedly recovered from his possession was stolen article. It is further contended that the petitioner is in custody since 12.11.2008. It is next contended that the petitioner has some criminal antecedent but while referring to the averment made in paragraph 13, it has been contended that the petitioner earlier booked in other cases under minor sections has been granted bail. In the facts and circumstances of the case, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two local sureties of the like amount each to - 2 - the satisfaction of Judicial Magistrate, 1st class, Gopalganj in connection with Thawe P.S.Case No. 103/2008, G.R.No.2472/08 (Tr.No.3326/09) on condition that the petitioner shall appear in the court below on the date fixed in the trial. In case of default on two consecutive dates, it shall be open to the trial court to cancel his bail bonds. hr ( Kishore K. Mandal )