IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20729 of 2009 MD.SULTAN @ NATIYA SULTAN Versus STATE OF BIHAR With Cr.Misc. No.21198 of 2009 MISHRA CHOUDHARY Versus STATE OF BIHAR ----------- 2 24.06.2009 Heard both sides. Both the matters arise out of Sadar (Dagaruwa) P. S. Case no. 250 of 2008 instituted under Sections 399 and 402 of the Penal Code and Sections 25(1-B )A, 26,35 of the Arms Act, and as such, they have been heard together. The present order shall govern both the cases. As per allegation in the F.I.R., the police raided the place located in an orchard from where six persons were arrested including the petitioner of Cr. Misc. No. 20729 of 2009. It is the prosecution case that one country made loaded pistol along with six live cartridges were recovered from the possession of the petitioner and similarly illegal fire arms were recovered from the possession of other co- accused arrested at the spot. It is contended that similarly situated co-accused, namely, Santosh Bishwas, Bishwanath Roy and Ashok Choudhary have been granted the privilege of bail by this court under order dated 12.12.2008 passed in Cr. Misc. No. 47428 of 2008 Cr. Misc. No. 48322 of 2008 and Cr. Misc. No. 45382 of 2008 respectively. So far as the petitioner of Cr. Misc. No. 21198 of 2009 is - 2 - concerned, it has been stated that he was not arrested at the spot. The accused persons arrested by the police are said to have made disclosure statement implicating the petitioner. From the materials on record it transpires that they are in custody for nearly one year by now. In the facts and circumstances of the case, both the above named petitioners, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- 3rd, Purnea in connection with Sadar ( Dagaruwa) P. S. Case No. 250 of 2008, arising out of S.Tr. No. 1162 of 2008. Sym ( Kishore K. Mandal, J.)