IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38954 of 2008 1. MD.RIZWAN SON OF MD.MAKSUD RESIDENT OF HARIGANJ CHOWK,P.S.KATIHAR,DISTRICT KATIHAR 2.MD. MAKSUD SON OF MD.NAKIR, RESIDENT OF SATSANGNAGAR P.S.KATIHAR,DISTRICT KATIHAR Versus STATE OF BIHAR ----------- 2/ 1.10.2008 Heard learned counsel for the parties. The petitioners seek bail in a case which has been registered for offences under Sections 399 and 402 of the Indian Penal Code and 25(1-a)(1-b) 26,35 of the Arms Act. Allegation is that the petitioners and others were caught by the police on suspicion that they were preparing to commit dacoity. On search, a loaded country made pistol and one live cartridge were recovered from co-accused Md.Badruddin, one loaded pistol and one live cartridge were recovered from Shamim alias Shamiya, one iron rod was recovered from the petitioner Md.Maksud and on enquiry petitioner Md.Rizwan disclosed that they were collecting the arms and ammunitions for committing robbery. Submission is that petitioner no.1 Md.Rizwan is in custody since 22.6.2008 and petitioner no.2 Md.Maksud is in custody since 2 13.3.2008. Co-accused Md.Shamsher has already been granted bail by a Bench of this Court on 30.7.2008 Vide Cr.Misc.No. 26375 of 2008. Considering the facts and circumstances of the case, let the above petitioners be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judiical Magistrate, Katihar in Katihar Town P.S.Case No. 74 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)