IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30087 of 2009 1.ASHISH KUMAR VISHWAKARMA son of Ramesh Vishwakarma 2.Udai @ Udai Kumar son of Girja Sharma, both resident of village Bithosarif, P.S. Chandauti , Dist. Gaya …..Petitioners. Versus STATE OF BIHAR ----------- 2 25.8.2009 Heard learned counsel for the petitioners and the State. The case is under sections 395, 412 of the Indian Penal Code and sections 25(1-B)A, 26/35 of the Arms Act. It is said that while the petitioners and three others were fleeing away on a Tata Sumo, they were intercepted by the police and stopped and on search one loaded country made pistol, 4 live cartridges, one mobile and some cash were recovered. Learned counsel for the petitioner submits that on account of overtaking of the police jeep, the petitioners and others, who were traveling on the Tata Sumo invited displeasure of the police party and therefore, they have been implicated in this false case. He also submits that the alleged looted money was not recovered from the vehicle, which shows that they were not involved in the crime and the case has been set up to falsely implicate them. This court enquired about the criminal antecedent of the petitioners. Today a supplementary affidavit has been filed on behalf of the petitioners in which it is stated that the petitioners were remanded in one another case numbered as Pariya P.S. case no. 08/09 and were put on T.I.P. But they were not identified by the witness in the T.I.P. It is further submitted that except the aforesaid case there is no other case from before against the petitioners. Petitioners are in custody since 9.1.2009. Considering the facts and circumstances of the case let the above named petitioner be released on bail on their furnishing bail bonds of - 2 - Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of S.D.J.M,. Gaya in Barachatti P.S. case no. 14 of 2009. (J.N.Singh, J) M.Rahman