IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4410 of 2011 SUNIL KUMAR . Versus THE STATE OF BIHAR . with Cr.Misc. No.4453 of 2011 AJAY KUMAR . Versus THE STATE OF BIHAR . ----------- 2 11.2.2011 The two petitioners are in custody since 5.10.2010 in relation to Mahua P.S.Case no. 454 of 2010 instituted under Sections 399 and 402 IPC read with Arms Act. It is alleged that upon information to SAP that there was some disturbance in the village. The informant and other officers reached there . They found that allegedly the villagers had caught hold of four persons, which included these two petitioners. They came on two motor cycles and having drank wine were preparing to commit crime. While being apprehended, they also fired a shot to scare the villagers but they were over powered. It is alleged that apart from motor cycles, from one Chhotu Sah ,a live cartridge was found. Mr. Siya Ram Sahi, learned counsel for the petitioners submits that eve though we accept the story, as made in the FIR, there is no recovery of any arm and amongst four , allegedly, only one bullet was found. No empty cartridge was found , which falsifies the entire case. In that view of the matter, let above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten 2 thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Hajipur at Vaishali, in Mahua P.S.Case no. 454 of 2010. Singh ( Navaniti Prasad Singh, J.)