IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27612 of 2011 Dhananjay Upadhayay @ Guddu Upadhayay, S/O-Rajendra Upadhayay Versus The State Of Bihar ----------- 02 05.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 09.04.2011 in a case registered under Section 414 of the Indian Penal Code and 25 (1-b)A, 26(2), 35 of the Arms Act. Allegedly, petitioner was caught from a room of hotel and one country made pistol and three live cartridges were recovered from his conscious possession. Apart from petitioner, other co- accused were also caught by the informant from the same room and firearms were recovered from possession of each of the co-accused persons and furthermore, one country made carbine and 13 live cartridges were recovered from the bed of the aforesaid room. The contention of learned counsel for the petitioner is that petitioner carries criminal antecedent of only one case which has been registered under Section 302 of the Indian Penal Code. It is further contended by him that so far as recovery of country made carbine and 13 live cartridges is concerned, the same has not been made from conscious possession of the petitioner. It is also contended by him that as per prosecution case, the petitioner was caught by the police on 07.04.2011 but first information report was sent to the concerned court on 09.04.2011 and no explanation of the aforesaid delay in sending the first information report has been given by the 2 prosecution. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri Town P.S. Case No. 198 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)