IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34969 of 2009 MANOJ KUMAR SINGH Versus THE STATE OF BIHAR With Cr.Misc. No.35406 of 2009 ARVIND KUMAR SINGH Versus THE STATE OF BIHAR ----------- 02/ 28.10.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners Manoj Kumar Singh and Arvind Kumar Singh are accused in Nirmali P.S. Case No. 28 of 2009 for offences punishable under Sections 420 and 120B of the Indian Penal Code and Sections 25(1-a)B, 26 and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioners submits that no case either under Section 420 or 120B IPC is made out as against the petitioners inasmuch as the so-called recovery of arms was not from their possession rather it was found kept in the vehicle. Learned counsel submits that no case is made out as against the petitioners and they have been falsely implicated in the present case. Having regard to the facts and circumstances, let petitioners, namely, Manoj Kumar Singh and Arvind Kumar Singh be released on bail upon each one of them 2 individually furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Birpur at Supaul in connection with Nirmali P.S. Case No. 28 of 2009 subject to the conditions that the petitioners would be attending the court below on each and every date fixed. The failure on the part of the petitioners to attend the court on two consecutive dates would grant liberty to the court below to initiate proceedings for cancellation of bail and for taking them into custody. S.Sb/- (Jyoti Saran, J.)