IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34885 of 2010 Sunil Kumar, Son of Late Teknarayan Das, resident of Village-Mushkipur, P.S.-Gogri, District-Khagaria. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 11.10.2010 The petitioner is in custody since 16.05.2010 in relation to Gogri P.S. Case No.63 of 2010 instituted under Sections 399, 402,414 of the Indian Penal Code read with various Sections of the Arms Act. It is alleged by the S.H.O. that upon prior information that some persons have assembled in the house of one Mukesh Kumar and are planning to commit dacoity, he organized a raid upon the said house, upon which inter alia the petitioner was arrested from the house of Mukesh Kumar with a loaded country made pistol. Petitioner submits that he is innocent. He submits that so far as Section 399 is concerned, it has no application as it is not even alleged as to whose house dacoity was proposed to be committed. He further submits that even the learned Sessions Judge has found nothing incriminating against the petitioner but has sought to rely on criminal antecedent of other co-accused. Be that as it may, considering the fact that the petitioner has been in custody since May 2010 and also considering the fact that Assembly elections are to be held in the month of November, the petitioner, Sunil Kumar be released on bail on or about 29th November, 2010 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No.63 of 2010. Trivedi/ (Navaniti Prasad Singh, J.)