IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8056 of 2009 ANIL SHARMA Versus STATE OF BIHAR With Cr.Misc. No.7401 of 2009 RANVIJAY SHARMA Versus STATE OF BIHAR ----------- 6/ 15-09-2009 Heard learned counsel for the petitioners and the learned Addl. P.P. for the State. In both the cases the petitioners are own brothers and both of them are accused in Deokund P.S.Case No.13 of 2008 which was instituted under sections 122 of the Indian Penal Code read with sections 25(1-b),(a) 26 (ii), 35 of the Arms Act and section 17 of the C.L.A.Act. Allegation is that on 25.06.2008 at about 12 noon the informant, police officer, received a confidential information that certain persons of M.C.C. are planning for committing an offence in the area and are trying to accumulate firearms for committing some offence. The police personnel started searching of vehicles on Deokund Haspura Road. The Police personnel saw four persons coming on two motorcycle who on seeing the police party started fleeing away. After chase two of them were caught who on enquiry disclosed their names as Anil Sharma and Ranvijay Sharma. These two petitioners, therefore, have been made accused. It is further alleged that on search 1,000 cartridges of 315 bore and one Nokia Mobile were recovered from possession of Anil Sharma and one Nokia Mobile was recovered from possession of Ranvijay - 2 - Sharma. The motorcycles were also seized. Submission of the learned counsel for the petitioners is that this case has been manufactured by the local M.L.A. who has inimical term with the petitioners as their elder brother had filed a complaint case against the M.L.A. Therefore, the petitioner has been targeted in the present matter. The petitioners are people of means and if they are enlarged on bail they will cooperate in the trial. Keeping in view the above submission and keeping in view the fact that the petitioners are in jail custody since 27.06.2008 , let the petitioners, namely, Anil Sharma ( Cr. Misc. No.8056 of 2009 ) and Ranvijay Sharma (Cr.Misc. No. 7401 of 2009), be enlarged on bail on furnishing bail bond of Rs. 20,000/- ( twenty thousand ) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Deokund P.S.Case No. 13 of 2008. One of the sureties will be executed by the father of the petitioners and the other by an elected representative of the area from where the petitioners belong. The petitioners are directed to cooperate in trial and will be represented either through themselves or through their counsel on every date and will not abscond from law. BTiwary/ ( Ajay Kumar Tripathi, J )