IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43494 of 2009 1.TUN TUN CHOUDHARY @ YADAV, 2. NIRANJAN CHOUDHARY @ YADAV & 3. LAXMAN KUMAR YADAV @ LAXMAN CHOUDHARY. Versus STATE OF BIHAR ----------- 2. 7.12.2009 Heard. The police had information as may appear from the FIR, that some criminals had assembled for committing some serious offences. Four were caught and the 5th fled away. The petitioners were amongst them and they were found in possession of one country made pistol and three cartridges each. The contention is that for recovery of the arms and ammunitions a separate case under the Arms Act was instituted and the petitioners have been admitted to bail in that case. It was next contended that as may appear from the very few initial lines of the FIR, the criminals had assembled for committing some serious offences, so it may not be a case under Sections 399 and 402 of the Penal Code. Regard being had to the facts and circumstances and the contention, let the above named three petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Additional District Judge/F.T.C.I-Banka in S.T.No.445 of 2009(Banka(Barahat) P.S.Case No.488 of 2008.) B.Kr. ( Dharnidhar Jha, J. )