IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46829 of 2008 1. KAMLA SINGH @ KAMALA SINGH, son of Sri Ramraj Singh 2. Markandey Rai, son of late Suraj Rai 3. Bishundeo Dubey, son of Sri Gupteshwar Dubey, all resident of village Sirhi, P.S. Kargahar, District Rohtas Versus STATE OF BIHAR ----------- 03/ 27.04.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 25(1-b)a, 35 of the Arms Act and they are named in the First Information Report. It is submitted on behalf of the petitioners that prior to the lodging of the present case, petitioner no.1 had lodged one case for the offence under Section 25(1-b)a, 26 and 35 of the Arms Act vide Kargahar P.S. Case No. 196 dated 25.12.2007 against Radhey Shyam Kharyar, Birbahadur Kharyar and Manager Sah, which was found to be true in the supervision by the Superintendent of Police, Rohtas, as would be evident from the supervision note dated 27.3.2008, Annexure-3 to this application, whereafter in view of the report of the DIG, the present case has been lodged that the arms seized from the accused of Kargahar P.S. Case No. 196 dated 25.12.2007 were actually in possession of the petitioners and the said case has been lodged after more than seven months of the lodging of the Kargahar P.S. Case No. 196 dated 25.12.2007. It is also 2 submitted on behalf of the petitioners that besides the present case, petitioner no.1 is accused in one another case registered for the offence under Section 302 of the Indian Penal Code in connection with occurrence between the agnates. So far petitioner nos. 2 and 3 are concerned, besides the present case, they are not accused in any other case. Let the petitioners, Kamla Singh @ Kamala Singh, Markandey Rai and Bishundeo Dubey surrender in the court below within four weeks from today, whereafter the court below should verify the aforesaid fact and if found correct, then they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. five thousand only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar P.S. Case No. 93 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Until such verification, no coercive steps be taken against the petitioners. Arjun/ ( V.N. Sinha, J.)