IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26505 of 2009 RAFIQUL ISLAM S/o Abdul Rauf SHAIDUR ISHLAM @ SHAIDUR ISLAM S/o Abdur Rauf resident of Village Kalekatri P.S. Harishchandrapur Dist. Malda(W.B) Petitioners Versus STATE OF BIHAR Opposite Party ----------- 02 16.10.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under sections 399,402 of the Indian Penal Code, 25(I-B) a, 26, 35 of the Arms Act and 3 / 4 of the Explosive Substance Act. It is alleged that while the petitioners were coming on tempo, they were apprehended by the police and fire arms and some articles were recovered from their possession. Petitioners are in custody since 25.4.2009 and it is said that they have no criminal antecedent at all. Considering that this is first offence of the petitioners, this application is allowed. Let the petitioners be released on bail on furnishing bail bond of Rs 10,000-/ (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Katihar(M) P.S. Case no. 48 of 2009 with conditions as laid down in Sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailers shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. shahid (J.N. Singh, J)