Criminal Appeal (SJ) No. 1033 OF 2006 Against the judgment and order dated 16.12.2006 passed by Sri Thakur Prasas Singh, Additional DistrictJudge, F.T.C.-V, Nalanda at Biharsharif in S.Tr. No. 486 of 2006. ************ 1. Md. Tannu @ Tanvir, S/o Md. Islam, resident of Village-Konasarai, Police Station-Laheri, District-Nalanda. 2. Md. Rakki, S/o Md. Quam, resident of Mohalla- Katra Bas Darwaja, Police Station-Laheri, District-Nalanda. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) With Criminal Appeal (SJ) No. 1041 of 2006 Md. Bablu @ Bablu Sah, S/o Master Imam, resident of Mohalla-Katarapar, Police Station- Bihar, District-Nalanda. ………….(Appellant) Versus THE STATE OF BIHAR. …………….(Respondent) ************* For the Appellants : Mr. Raj Kishore, Adv. : Mr. Ajay Kumar Thakur, Adv. : Mr. Ravi Ranjan, Adv. For the State : Mr. Binod Bihar Singh, APP. : Mr. Ramesh Chandra, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants, Md. Tannu @ Tanvir, Md. Rakki and Md. Bablu @ Bablu Sah have been convicted under Section 402 IPC and sentenced to RI for five years by the Additional District Judge, F.T.C.-V, Nalanda at Biharsharif in S.Tr. No. 486 of 2006 by a judgment dated 16.12.2006. 2 2. The case of the prosecution is that on night of 08.12.2005 when P.W. 1 the informant was conducting his patrolling duty he caught the accused persons on the basis of suspicion that they had gathered with arms for committing dacoity. 3. During trial the prosecution in all examined six witnesses out of whom P.W. 1 is the informant whereas P.W. 6 is the Investigating Officer. The rest of the witnesses are on the factum of apprehension of the accused persons. 4. Admittedly, no arms were recovered from the possession of the appellants and the only material against them is they were found to be in the company of the co-accused persons who were in possession of arms which would not conclusively prove a case u/s 402 IPC. Considering the same, the appellants are acquitted of the charges. 5. Thus, the appeals are allowed and the judgment dated 16.12.2006 passed by the Additional District Judge, F.T.C.-V, Naland at Biharsharif in S.Tr. No. 486 of 2006 is, hereby, set aside. The appellants are discharged of the liability of their bail bonds. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 27th June, 2011. NAFR/Vikash/-