IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35988 of 2009 MD.MURTUJA S/O ABBAS @ ABDUL GULWAS VILL- BUIRA, P.S- SHEO SAGAR, DISTT- ROHTAS Versus THE STATE OF BIHAR with Cr.Misc. No.36117 of 2009 RAJENDRA SHARMA S/O LALAN SHARMA R/O LASKARIGANJ, WARD NO. 18, P.S.- SASARAM, DISTT.- ROHTAS Versus THE STATE OF BIHAR ----------- 2. 29.10.2009 Heard counsel for the petitioners and the counsel for the State. From the reading of the F.I.R. and the material on record this much becomes clear that when the petitioner Rajendra Sharma was apprehended he made a confessional statement which led to recovery of a stolen motorcycle and an arm from the house of Md. Murtuja, another petitioner. The confessional statement of the petitioner Rajendra Sharma therefore, stands corroborated and the petitioner Md. Murtuja has no explanation with regard to the motorcycle in question, inasmuch he has no paper to show that he has ever bought or possessed that motorcycle in a legal manner. The irresistible conclusion, therefore, would be that Md. Murtuja was in possession of an illegal arm as also an unauthorized 2 motorcycle both found from his conscious possession. The defence of the petitioner Md. Murtuja that such arms were broken and useless arms has also no force because in the ballastic report of the Sergeant Major it has been found that the recovered rifle was capable of being used and infact an effective weapon. That being the position, this Court is not inclined to grant bail to either of the petitioner for the present till they would complete one year of their judicial custody. The prayer for bail of both the petitioner is, therefore, rejected for the present. They may renew their prayer for bail after completing one year of their judicial custody. (Mihir Kumar Jha,J.) Surendra/