IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29846 of 2008 UTTAM KUMAR & ORS Versus STATE OF BIHAR ----------- 2. 24.9.2008 Heard. The case is under Section 307 etc IPc and some Sections of the Arms Act. The prosecution story is that the petitioners being armed with guns for which they had not been licenced to, were pointing the weapons and were also abusing some persons. The arms were seized and the petitioners were taken into custody. The contention is that in fact it was a marriage ceremony and the petitioners were returning and during the course of altercation they picked up the arms of their accompanying relatives who were holding the valid licence in that behalf and was merely pointing which could not make out a case under Section 307 IPC. The further contention is that it could be a violation of rule on issuing a licence to a person for being in possession of the arms but it could not be an offence as the very intention or purpose does not appear from the facts of the case. Be that as it may, considering that the petitioners are in custody since five months, let the four petitioners, namely, Uttam Kumar, Pintu Kumar, Rakesh Kumar Singh and Rakesh Kumar Singh be released from custody on furnishing bond of Rs.3,000/-(three thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Mohiuddin Nagar P.S.Case No.35 of 2008. B.Kr. ( Dharnidhar Jha, J. )