IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8600 of 2009 RAMANANDAN PATEL @ RAMANAND PATEL Versus STATE OF BIHAR ----------- For the petitioner : Dr. Amrendra Kumar, Advocate For the State : Mr. Ram Chandra Singh, A.P.P. ------ 2 01.05.2009 Petitioner RAMANANDAN PATEL @ RAMANAND PATEL, one of the FIR named accused of Ramgarhwa P.S. Case No. 102 of 2008, is in custody in connection therewith since 10.9.2008 on the allegation of having been apprehended by the informant and others and a countrymade pistol and a cartridge having been recovered from his possession. Subsequently the petitioner was handed over to the police along with the fire arm and cartridge. It appears from the impugned order that the four remaining accomplices of the petitioner have been enlarged on bail in view of the fact that no recovery of any arms or ammunitions were made from their possession. Even as the offences under the Arms Act in view of the apprehension and recovery by private individual is concerned becomes bailable, the offences under sections 399 and 402 leaves room for thought. However, recovery of one loaded countrymade pistol from amongst five persons makes the commission of offences under sections 399 and 402 IPC questionable. Regard being had to the facts and circumstances of the case petitioner RAMANANDAN PATEL @ RAMANAND PATEL is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) - 2 - each with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No. III, East Champaran at Motihari in connection with Sessions Trial No. 889 of 2008 arising out of Ramgarhwa P.S. Case No. 102 of 2008. Spd/- (Abhijit Sinha, J.)