IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45382 of 2008 ASHOK CHOUDHARY S/O BINDU CHOUDHARY, R/O VILLAGE- DALIAGHAT, P.S- MUFFASIL (RANIPATRA) DISTRICT- PURNEA Versus STATE OF BIHAR with Cr.Misc. No.48322 of 2008 BISHWANATH ROY @ BISHWANATH BISHWAS S/O GOPAL RAY, R/O VILALGE- TARIYA, P.S.SADAR(DAGARUA) DISTRICT- PURNIA Versus STATE OF BIHAR with Cr.Misc. No.47428 of 2008 SANTOSH BISHWAS S/O LATE INDRA CHANDRA BISHWAS, R/O VILLAGE- BELGACHHI, P.S.- BAISI(DAGARWA), DISTRICT- PURNEA Versus STATE OF BIHAR ----------- 2 12/12/2008 Above noted applications arisingh out of one occurrence i.e. Sadar (Dagarua) P.S. Case No.250 of 2008 have been heard together and are being disposed of by this common order. The petitioners are accused of a case which has been registered under sections 399 402 of the Indian Penal Code and sections 25(1-B)A, 26 and 35 of the Arms Act. The occurrence is of night of 24th June, 2008. The police suspected the assembles of the petitioners and others for committing serious offence. A raiding party was organized. Petitioners Biswanath Roy and Santosh Bishwas along with some other persons were arrested. From Biswanath Roy one sickle and from Santosh one torch was recovered. Petitioner Ashok Choudhary has not been apprehended on the spot. Submission is that no firearms have been recovered from - 2 - any of the accused persons. It is incorrect that the petitioners were there for committing any serious offence. Even petitioner Ashok Chaudhary was not apprehended on the spot. Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Purnia in connection with Sadar (Dagarua) P.S.Case No. 250 of 2008. avin (Shyam Kishore Sharma, J.)