IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36018 of 2008 PREM SAH, S/o Sri Kailash Sah, Resident of village – Mahna, P.S. – Barauni (Refinery O.P.), District – Begusarai. Versus THE STATE OF BIHAR ----------- 3. 12.2.2009 Heard Sri Ajay Kumar Ambastha, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner has been named in the FIR of a case under Sections 395, 307 etc. of the IPC and 25 etc. of the Arms Act. The informant claimed that some miscreants committed dacoity in the establishment of the company and the security personnel challenged them and fired at them. The firing was retaliated by the criminals and subsequently it was found that two criminals had received injuries and they surrendered to the informant and his band of security men. The third is the petitioner, who was arrested but there was no injury on his person. What the informant appears claiming is that the petitioner led him and his band of men to recover certain arms and ammunitions from a bush. The contention is that there is no recorded statement of the petitioner so as to justifying the story of recovery of any arms and ammunitions and if at all, the - 2 - petitioner had participated in the offence he might also be injured. In fact, the petitioner belonged to a village in the neighbourhood and out of curiosity rushed to the scene of occurrence and was mistaken as a criminal and arrested. Regard being had to the facts of the case and the contentions, let petitioner Prem Sah be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. II, Begusarai in connection with Sessions Trial No. 297 of 2008 arising out of Barauni (Chakia) P.S. Case No. 306 of 2007. DKS/ (Dharnidhar Jha, J.)