IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40039 of 2010 Subodh Kumar Rai, Son of Sri Jaimangal Rai, resident of Village- Hetanpur Dhamoun, P.S. Patory, District-Samastipur-- Petitioner Versus STATE OF BIHAR ----------- 02 22-12-2010 Heard Sri S.N.P.Sinha, learned Senior Counsel for the petitioner, Sri A.K.Sinha, learned Addl.Public Prosecutor for the State and Sri J.N.Thakur, learned counsel appearing on behalf of the informant. The sole petitioner, who is in custody in Patory P.S. Case No.132 of 2010 for the offences under Section 392 of the Indian Penal Code and Sections 25(1B)A/26 of the Arms Act, has prayed for grant of bail. Learned Senior Counsel for the petitioner, while pressing the present petition submits that that the petitioner and the informant belong to the same family. However, the petitioner was having some relation with cousin sister of the informant and this was the reason for false implication of the petitioner. It was also argued that the arms claimed to be recovered from the possession of the petitioner was not recovered in presence of the police officer, rather it is a case of the informant that the petitioner was apprehended on chase by the informant and thereafter from his possession , illegal arm was recovered and it was produced before the police. Sri J.N.Thakur, learned counsel appearing on behalf of the informant has vehemently opposed the prayer for bail of the petitioner. It was submitted that the petitioner is having criminal 2 antecedent also, which was refuted by Sri Sinha, learned Senior Counsel for the petitioner and it was submitted that the petitioner was made accused in one case, in which he has already been acquitted. Considering the facts and circumstances of the case ,let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patory P.S. Case No.132 of 2010. NKS/- ( Rakesh Kumar, J.)