IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39203 of 2009 1. MAHBOOL, S/O MOFIZUDDIN, R/O VILLAGE-NATUN SAD LICHAK, P.S.-HARISHCHANDRAPUR, DISTRICT-MALDAH (W.B.). 2. MAHBOD HAQUE @ MAHBOOL HAQUE, S/O SHISH MOHAMMAD, R/O VILLAGE-CHHOTA BASUDEPUR, P.S.-HARISHCHANDRAPUR, DISTRICT-MALADAH (W.B.). 3. RAJ KUMAR MANDAL @ KUMAR MANDAL, S/O BUDHU MANDAL, R/O VILLAGE-DAKHIN KUMEDPUR, P.S.- HARISHCHANDRAPUR, DISTRICT-MALDA (W.B.). ………………PETITIONERS. Versus THE STATE OF BIHAR ………………OPP. PARTY. ----------- 2 26.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act and 3/4 of the Explosive Substance Act. Petitioners were arrested from tempo while traveling and arms were alleged to have been recovered from them. Petitioner no. 1 has no criminal antecedent and it is said that petitioner nos. 2 and 3 have only one case each against them. Petitioners are in custody since 25.4.2009. Considering the nature of the case and custody of the petitioners, this application is allowed. Let petitioners be enlarged on bail on 2 furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar (M) P.S. Case No. 48 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioners. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioners and take steps for their arrest. Arvind/ ( J. N. Singh, J.)