IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41536 of 2008 MD.SADDAM Versus STATE OF BIHAR With Cr.Misc. No.43119 of 2008 MD.PERWAIZ Versus STATE OF BIHAR With Cr.Misc. No.43233 of 2008 BHAVESH KUMAR @ GONU Versus STATE OF BIHAR ----------- 2. 14.11.2008 None appears for petitioners Bhavesh Kumar @ Gonu and Md. Perwaiz. Heard Sri Dr. Alok Kumar Alok, Advocate for petitioner Md. Saddam and the learned A.P.P. for the State. There is a recovery of an effective arms as also half filled bottle of bear from petitioner Md. Perwaiz, considering which, his prayer is dismissed. As regards petitioners Bhavesh Kumar @ Gonu and Md. Saddam, considering that it is a case under Section 399, 402 IPC and some Sections of the Arms Act and that there is no recovery from the two petitioners of any arms and further considering that the contention is that it cannot be a case under Sections 399 and 402 IPC. Let the two petitioners, namely, Bhavesh Kumar @ Gonu and Md. Saddam be directed to be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Town P.S.Case No.317 of 2008. B.Kr. ( Dharnidhar Jha, J. )