IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33684 of 2008 MD.RAHIM & ANR Versus STATE OF BIHAR ----------- 3. 26.8.08 Heard Mr. Anil Chandra for the petitioners, and Mr. Jai Shankar Prasad Singh, learned A.P.P. The two petitioners, namely, Md. Rahim and Md. Irshad seek, bail in Kotwali P.S. Case No. 386 of 2007, for the alleged offences under sections 25(1-B) A, 25 (1-A)A, 25 (1-C) A, 26 (i)(ii)(iii) and 35 of the Arms Act, instituted on the basis of the self statement recorded by S.I. Manoj Mahto, Officer Incharge, Purabsarai, T.O.P., Police Station- Kotwali, District- Munger. Learned counsel for the petitioners submits that they are in custody since 10.10.2007. He further submits that co-accused has been granted bail by this Court by order dated 5.3.2008, passed in Cr. Misc. No.214 of 2008 (Rabi Sharma @ Rabindra Sharma Vs. State of Bihar). Learned A.P.P. opposes the application. On a perusal of the materials on record it appears to me that S.I. Manoj Mahto, the Officer Incharge T.O.P., Purabsarai, had 2 raided the premises of Ravi Sharma. It is stated in his report that the petitioners were in the process of manufacturing arms and were in the premises alongwith instruments. Huge number of unfinished country made pistol and parts were recovered. It thus appears to me that the petitioners are allegedly involved in a large-scale manufacture of illegal arms. It further appears from a perusal of the said order dated 5.3.2008, that Rabi Sharma @ Rabindra Sharma has been granted bail by this Court because the premises where the illegal manufacture was going on, was owned by him but he was not in possession of the same, and was allegedly let out to somebody else. In the facts and circumstances of the case, I am not inclined to release the petitioners on bail. It is accordingly rejected. ( S. K. katriar, J.) Vinay/