IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34303 of 2009 1. MD. SAFIL ALAM @ BECHU @ SAFI, S/o Md. Nizamuddin, and 2. Nizamuddin, S/o Sheikh Chhedi, both residents of Village – Asha Jarari, P.S. Asarganj, Distt. Munger …Petitioners Versus THE STATE OF BIHAR ………….... Opposite Parties. ----------- For the Petitioners:- Mr. Sumant Singh, Advocate. For the State:- Mr. R.P.S.Singh, A.P.P. ---------- 2. 14.10.2009. Heard learned counsel for the petitioners and learned A.P.P. for the State. The petitioners have been made accused in a case punishable under Sections 25(1-A), 25(1-AA), 25(1- B)A, 25(i) (iii), 26 and 35 of the Arms Act. It is submitted on behalf of the petitioners that the petitioners have been falsely implicated in this case at the instance of two persons, namely, Md. Shamsad, S/o late Khalid and Md. Bachu @ Md. Fakruddin, S/o Md. Muslim against whom also an F.I.R. was lodged by one of the agnates of the petitioners, which was registered as Asarganj P.S. Case No. 56 of 2008 dated 26.07.2008, a copy of which has been appended to this application as Annexure-3. It is also stated that the petitioners had earlier filed a Sanaha (Informatory petition) in this regard, a copy of which has been appended as Annexure-4 to this application, wherein - 2 - the aforesaid two witnesses, namely, Md. Shamshad and Md. Fakruddin have been made accused. It is further submitted that the court vide orders dated 17.12.2008 and 05.03.2009 had issued warrant of arrests against those two witnesses of the seizure list contained in Annexure-2, but the police in place of arresting them had made them witnesses in the alleged seizure list. Petitioner is stated to be in judicial custody since 12.04.2009 itself. It is also stated that criminal antecedents of the petitioners are clean. Learned counsel for the State submitted that several arms and arms manufacturing tools have been recovered from the houses of the petitioners, which is apparent from the seizure list, as contained in Annexure-2, and that the petitioners had been arrested on the spot itself. However, learned counsel was not in a position to refute the allegation with regard to the witnesses in the seizure list, as mentioned above. Having regard to the facts and circumstances of the case, I direct the petitioners, Md. Safil Alam @ Bechu @ Safi and Md. Nizamuddin to be released on bail on their - 3 - furnishing bonds in the sums of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Asarganj P.S. Case No. 19/2009, dated 12.04.2009, subject to the condition with regard to each of the petitioners that in the bail bonds one of the bailors must be the close relative or family member of each of the petitioners. dk ( Dr. Ravi Ranjan, J. )