IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5307 of 2011 Parwez Alam, son of Salim, resident of village – Doria Sonapur, P S – Simraha, District – Araria - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 14.03.2011 The petitioner is in custody in relation to Araria Police Station Case No 482 of 2010 instituted under Section 387 of Indian Penal Code read with Arms Act. The case was registered upon petitioner being arrested on 16.11.2010 alleging that the petitioner, using arms, was realising Rangdari from the people in the Araria market. From petitioner’s custody, allegedly a mini gun with 15 cartridges was recovered. Petitioner states that after investigation, police has submitted a chargesheet only under Section 387 of Indian Penal Code and not under the Arms Act for the simple reason that upon verification, it was found that the arm recovered was not mini gun rather it was an air gun and the so-called cartridges were pellets thereof. Petitioner submits that even the chargesheet has been filed only to justify the illegal detention of the petitioner as petitioner was arrested on 16.11.2010 but produced in the Court for the first time on 18.11.2010 with no explanation. Be that as it may, the petitioner abovenamed is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Araria Police Station Case No 482 of 2010. M.E.H./ (Navaniti Prasad Singh)