IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6835 of 2011 TARKESHWAR KUMAR Versus THE STATE OF BIHAR with Cr.Misc. No.7842 of 2011 RAJESH KUMAR @ CHHAHANGARHIA Versus THE STATE OF BIHAR ----------- 2 05.04.2011 Heard learned counsel for the petitioners as well as learned counsel for the state. Learned counsel appearing for the petitioner in Cr. Misc. No. 6835 of 2011 seeks and is permitted to make necessary correction in prayer portion of the original bail petition during course of the day. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Shastri Nagar P.S. case No. 400 of 2010 corresponding to Special Case No. 39 of 2010 registered under sections-399, 402 of the Indian Penal Code and 25(1-B)A & 35 of the Arms Act as also 4/5 of Explosive Substances Act and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. Petitioners are languishing in jail custody since 26.10.2010 on the allegation that they alongwith other accused had assembled to make preparation for committing dacoity and when police reached the place, petitioners and some other persons were arrested. It is specifically stated that one loaded country-made Katta alongwith two live cartridges were - 2 - recovered from possession of the petitioner in Cr. Misc. No. 6835 of 2011 and similarly, one loaded country-made Katta and three live cartridges were recovered from possession of petitioner in Cr. Misc. No. 7842 of 2011. It is also stated that six puriyas of smacks and some powder of explosive substances were recovered from the place of occurrence. Admittedly, the recovery of smack and explosive substances has not been made from conscious possession of the petitioners and so far as recovery of fire-arms is concerned, the petitioners are languishing in jail custody since 26.10.2010 for the above-said recovery. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioners, namely, Tarkeshwar Kumar (in Cr.Misc. No.6835 of 2011) and Rajesh Kumar @ Chhahangarhia (in Cr.Misc. No.7842 of 2011) be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Shastri Nagar P.S. case No. 400 of 2010 corresponding to Special Case No. 39 of 2010 to the satisfaction of Additional Sessions Judge-VII, Patna. AKV/- (Hemant Kumar Srivastava,J.)