IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26375 of 2008 1. SAMIM @ SAMIYA 2. Md. Samser Versus STATE OF BIHAR - - - - 2. 30.7.2008 Heard. The case is under Sections 399 and 402 of the Indian Penal Code as also some of the sections of the Arms Act and the petitioners are named in the F.I.R. There is recovery of a pistol from the house of the petitioner Samim alias Samiya, considering which I am not inclined to direct his release on bail. The prayer for bail of petitioner No. 1 Samim alias Samiya is dismissed. However, he could be admitted to bail when he completes one year of custody from the first date of his remand in Katihar(M) P.S.Case No. 74 of 2008 on his executing a bond to the satisfaction of the Chief Judicial Magistrate, Katihar. As regards petitioner No.2, Md. Samser, the contention is that the facts may not constitute an offence as alleged and there is no recovery of any arm from him. Let petitioner Md.Samser be directed to 2 be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in the above noted case. Kanth ( Dharnidhar Jha, J.)