IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36299 of 2008 MD.ABBAS Versus STATE OF BIHAR ----------- For the Petitioner: Mr.Sharda Nand Mishra & Mr.Dhananjay Kumar Gupta, Advocates. For the State: Mr. Upendra Kumar, Advocate. 03 17.12.2008 Heard. Petitioner has renewed his prayer for grant of bail in a case instituted under Sections 353, 307,414/34 of the Penal Code and Section 25(1-b)A, 26(ii),27/35 of Arms Act. It appears that the petitioner had earlier moved this court in Cr. Misc. No. 53174 of 2007 which was heard and rejected under order dated 21.02.2008. The concluding portion of the said order reads thus: “Considering the allegation and the facts appearing from the records, this court is not inclined to enlarge the petitioner on bail for the present. However, if the trial of the case is not taken up within six months from the date of receipt of the order in the court below, the petitioner is at liberty to renew the prayer.” Learned counsel for the petitioner submits that till date charges have not been framed in the trial court. It has further been submitted that the petitioner is in custody since 31.05.2007. Learned counsel for the petitioner submits that one of the co- accuseds, namely Manoj Yadav @ Manoj Kumar Yadav has been 2 released on bail by this court vide order dated 12.11.2007 passed in Cr. Misc. No. 50824/2007. Considering the facts that no injury was caused to anyone and that only one loaded country made pistol was recovered from the possession of this petitioner as also keeping in view the liberty/observation made by this court under order dated 21.02.2008, this court is persuaded to enlarge the petitioner on bail. Let the petitioner, namely, Md. Abbas, 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 the Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No. 125 of 2007 subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in the court below on the date fixed in the case. In case of default in appearing in person before the said court on any two consecutive dates the trial court shall take all steps to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)