IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38316 of 2008 1. DINANATH SINGH @ DINANATH YADAV 2. SUDHIR KUMAR 3. SURESH YADAV …………..PETITIONER. Versus THE STATE OF BIHAR ………..OPP. PARTY For THE Petitioners - Mr. Prabhat Ranjan, Advocate Mr. Harish Ranjan, Advocate For the OPP. Party - Mr. Shailendra Kumar-I, APP. ----------- 02 14.11.2008 Heard Sri Prabhat Ranjan, Advocate for the petitioners and Sri Shailendra Kumar-I, APP for the State. The case appears lodged under different Sections of the Arms Act, but if one goes through the FIR initially there was an incident of assault between two independent factions. The faction of the petitioners had come there by a motor cycle and from the dicky thereof, the police appears claiming recovery of a country made pistol loaded with cartridge. The contention is that the recovery was made in presence of the persons, who was inimically disposed towards the petitioners, who cited as witnesses to the seizure. The further contention is that FIR does not indicate as to whose motor cycle, it was. Above all, there could be possibility that the same could have been planted there. 2 Regard being had to the facts of the case and contentions, let petitioners Dinanath Singh @ Dinanath Yadav, Sudhir Kumar and Suresh Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City in connection with Didarganj P.S. Case No. 42 of 2008. DKS/ (Dharnidhar Jha, J.)