IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33399 of 2008 ARUN NONIA Versus STATE OF BIHAR ----------- 2. 2.9.2008 Heard. The case is under Sections 399, 402 IPC and some Sections of the Arms Act. The petitioner was not caught at the spot and as such there could not be any question of recovery of any arms. The contention is that mere assemblage could not be sufficient to infer that it was with preparation for committing dacoity; the accused persons might have assembled to commit more serious an offence. That apart, contention is, that the petitioner’s name appeared subsequently in the confessional statement of a co-accused. Regard being had to the facts of the case and the conditions, let the above named be released from custody on furnishing bond of Rs.3,000/-(three thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.Hilsa(Nalanda) in Ekangarsarai(Aungari)P.S.Case no.276 of 2007. B.Kr. ( Dharnidhar Jha, J. )