IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.11276 OF 2009 (1) MD.JALAL (2) MD IMTIYAZUL ALIAS MD IMTIYAZ AND (3) MD. WAZIR VERSUS STATE OF BIHAR ----------- 2 15.06.2009. Heard learned counsel for the parties. Petitioners are accused in a case registered for offences under Sections 399 and 402 of the Indian Penal Code and under the Arms Act. Acting on a tip off, police raided a place and arrested these three petitioners. On search, country made pistols with ammunitions were recovered from the conscious possession of petitioner no 1 and 2, whereas a spade was recovered from the possession of petitioner no.3. It is alleged that petitioners and their other escaped accomplishes were in lurch of committing offence, in the meanwhile police reached the place and foiled their design. It is submitted on behalf of the petitioners that they were erroneously apprehended by police when they were going to their village and nothing was recovered from them and they are in custody since 27.11.2008. In the facts of the case, let petitioner no.3 as above be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Sadar (Dagarua) Police Station case no. 447 of 2008, GR no. 2763 of 2008. Prayer for bail of petitioner no. 1 and 2 as above is refused with liberty to renew their prayer for bail after two months. Shashi (S. P. Singh, J.)