IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6915 of 2011 RAJIB PRASAD SAO @ RAJENDRA SAH Versus THE STATE OF BIHAR & ANR with Cr.Misc. No.5781 of 2011 GUDDU SHARMA Versus THE STATE OF BIHAR ----------- 3 29.04.2011 Both the above-said Cr. Misc. Cases arise out of the same case i.e. Makhdumpur P.S. Case No. 301 of 2010 registered under sections-25(i-B)A, 26, 35 of the Arms Act and accordingly, they are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned counsel for the state. Allegedly, the informant raided the house of the petitioners and one automatic pistol said to be made in U.S.A. was recovered from conscious possession of the petitioner in Cr. Misc. No. 6015 of 2011 whereas nine live cartridges were recovered from possession of the petitioner in Cr. Misc. No. 5781 of 2011. It is stated that 58 live cartridges were recovered beneath the bed which had been kept in polythene. The contention of learned counsel for the petitioners is that some family members of the petitioners were killed in which some villagers of the petitioners were made accused who were convicted up to the Apex Court of 2 this country but some of them have not surrendered before the court as yet and they are openly moving in the village, so even if it assumed that some fire-arms and ammunitions were recovered from the house of petitioners, then also it would be presumed that the aforesaid firearms and ammunitions had been kept by the petitioners for their safety. Moreover, the Sergeant Major had found the recovered pistol ineffective and petitioners are languishing in jail custody since 13.10.2010 without having any criminal antecedent except the present one. Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioners, namely, Munna Sharma (in Cr. Misc. No. 6015 of 2011) and Guddu Sharma (in Cr. Misc. No. 5781 of 2011) be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Makhdumpur P.S. Case No. 301 of 2010to the satisfaction of Sri Ravi Ranjan, learned Judicial Magistrate-Ist Class, Jehanabad. AKV/- ( Hemant Kumar Srivastava,J.)