IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33920 of 2009 BINOD KUMAR RAI Versus STATE OF BIHAR ----------- 3 30.04.2010. Heard learned counsel for the parties. The petitioner apprehends arrest in a case registered for offence under section of the Indian Penal Code. The informant alleged that on 19.12.2001, one Maruti car overtook Santro car and looted the inmates of Santro car. Both the vehicle were found lying in the road side ditch. On search, two country made revolvers loaded with six cartridges were found in Maruti car. In respect of the incident, two cases were instituted, one under section 394 I.P.C. and another under the Arms Act, the instant case. He submits that in a case under section 394 I.P.C., he has been released on regular bail. He further submits that no application of his remand in the instant case has been made. He further submits that he has been implicated in this case, as he merely was a driver of Maruti car. He submits that Maruti car belongs to one Sujit Kumar Pandey. As such, petitioner cannot be held responsible for seizure of two loaded revolvers from the car. The State counsel opposes the prayer for bail and submits that the matter is of the year 2001. Having heard the parties, this court is of the view that the grounds taken by the petitioner may be relevant for regular bail. The application is disposed of with direction to the petitioner to surrender and seek regular bail which would be disposed - 2 - of on its own merit preferably on the same day without prejudice. Let this order passed in Kurhani Police Station case no. 266 of 2001 pending in the court of Chief Judicial Magistrate, Muzaffarpur be faxed to the court concerned at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, J.)