IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31296 of 2008 MOHAN SADA Versus STATE OF BIHAR ----------- 2 06.8.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused under Sections 25 (1-B)A, 26, 35 of the Arms Act and 17/18 of the Criminal Law (Amendment) Act, 1908. As per allegation in the F.I.R. five persons were apprehended by the raiding party. Apprehended persons disclosed the name of the petitioner. Further allegation is that raid was conducted in the house of the petitioner. As per the seizure list one loaded country made Pistol made of steel and wood without magazine was recovered along with certain other articles including Police Cap, two Shirts, two half khaki Shirts, two khaki trousers and three photographs (two in Police dress and one in plain cloth) along with 4-5 Identity Cards. Petitioner submits that alleged recovery is not in his presence. Nothing has been recovered from his conscious possession. Petitioner produces a certified copy of the order to demonstrate that three co-accused persons namely, Maheshwar Sada, Pillu Sada @ Pulkit Sada and Fulo Sada @ Bahadur Sada, have been granted bail by this Court on 26.7.2007 by an order passed in Cr. Misc. No. 31241 of 2007. Petitioner states in Paragraph- 12 that he is in Jail custody since 5.2.2008 and he is a man of clean antecedent. Learned counsel for the State submits that illegal fire - 2 - arm has been recovered from the hutment of the petitioner. In the facts and circumstances of the case and in view of the submissions made by the learned counsel for the petitioner I direct the petitioner namely, Mohan Sada, to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M.,Khagaria in connection with Alauli P.S. Case No. 43 of 2007, corresponding to G.R. No. 488A of 2007. P.K. (Dr. Ravi Ranjan, J.)