IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13465 of 2009 GAJENDRA BHAGAT Versus The STATE OF BIHAR ------ 2/ 24.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. Submission of the learned counsel for the petitioner is that the allegation of theft is super addition and no offence is made out under Section 27 of the Arms Act and fire arm, if any, was in possession of the co-accused, its butt was only used. The informant himself admitted that the act was done. There was enmity in between the petitioner and Mukhiya and the accused person, Mukhiya for whom informant was working, even then petitioner is apprehending his arrest which can never be justified. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from today in connection with Salkhua (Police Camp Chiraiya) P.S. Case No.46 of 2008, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)