IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21881 of 2009 SANJAY SHARMA Versus STATE OF BIHAR With Cr.Misc. No.23270 of 2009 SAKALDEO SHARMA Versus STATE OF BIHAR ----------- 2. 17.07.2009 Since both the matters arise out of the same police station case, they have been heard together and are being disposed of by this common order. Petitioners are facing prosecution under diverse sections of the Arms Act. The allegation is that the house of the petitioners was searched from where several unfinished apparatus used for production of arms was/were recovered. Learned counsel for the petitioners submits that so far as petitioner Sanjay Sharma (Cr.Misc.No.21881 of 2009) is concerned he was not arrested at the spot. It is further submitted that he is a student and has absolutely no criminal antecedent. It is submitted that the father may be involved in running the alleged mini gun factory, but the son has been named only because the house also belonged to him. It is contended that he(Sanjay Sharma) is in custody since 5.12.2008. In the facts and circumstances of the case, let petitioner Sanjay Sharma (Cr.Misc.No.21881 of 2009) be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Munger in connection with Nayaram Nagar P.S.Case No. 120 of 2005 on condition that one of the bailors - 2 - shall be his close/own family member. So far as the petitioner Sakaldeo Sharma (Cr.Misc.No.23270 of 2009) is concerned, it appears that he bears criminal antecedent. Several unfinished arms and apparatus for manufacturing arms was/were recovered. It is not the case of this petitioner that the house did not belong to him. He has, therefore, to take responsibility. It further appears that he is in custody since 12.11.2008. In the facts and circumstances of the case, his prayer for bail stands rejected. The petitioner Sakaldeo Sharma of Cr.Misc.No.23270 of 2009 is, however, granted liberty to renew his prayer for bail after five months if in the meanwhile the case is not taken up for hearing. hr ( Kishore K. Mandal )