IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37233 of 2008 ASHOK SINGH Versus STATE OF BIHAR ----------- 4. 8.12.2008 Heard Mr. Tara Kant Jha, learned senior counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under different sections of the Arms Act. The allegation is that on search of the joint residential building of the petitioner, a particular room was found containing a steel box from which three guns were recovered, one of which is a D.B.B.L. gun and it appears that one of the family members of the accused, namely, Parmeshwar Singh, who holds that particular weapon. As regards two other guns describes at serial nos. 1 and 2 in the seizure memo, the contention is that the recovery has been shown by some documents from the joint possession of the three accused persons and accused, namely, Awadhesh Singh and Parmeshwar Singh had already been admitted to bail by the Sessions Judge himself in Bail Petition nos.701 of 2008 and 652 of 2008 respectively whereas the prayer for bail of this petitioner has been dismissed by the same Judge. The Court could not appreciate the passing of the contradictory orders in similar fact and the admitted position is that the recovery was made from the joint possession of the there accused persons. Considering the contradictory orders, let this matter be placed before the Hon’ble Inspecting Judge of the concerned judgeship. - 2 - Considering the fact that the lower court itself has granted bail to the two accused, namely, Awadhesh Singh and Parmeshwar Singh, let petitioner, Ashok singh, 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, Vaishali, in connection with Patepur P.S. case no.54 of 2008. sudip ( Dharnidhar Jha,J )