IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43697 of 2010 BAISHAKHI CHOUDHARY ----------------Petitioner Versus THE STATE OF BIHAR -----------Opposite party 2. 19.02.2011 The petitioner Baishakhi Choudhary is in custody since 10.7.2010 in Sherghati (Dobhi) P.S. Case No. 173 of 2010 under Section 399 and 402 of the Indian Penal Code and Section 25 (1-b)a, 26/35 of the Arms Act. According to the prosecution case the informant found five male accused persons who were sitting with one lady with a child under a tree and seeing the police party they tried to flee away. They were arrested. From the possession of the petitioner one country made pistol and one torch was recovered. From the possession of other accused persons knife, mobile etc were recovered. It is alleged that they were preparing to commit dacoity. From the perusal of the bail application it appears that the defence of the petitioner is that he is a labour and was going to work as a road was being constructed and at the time of arrest he was sitting under a tree along with other labourer and has been falsely arrested and nothing has been 2 recovered from his possession. Considering the nature of allegation and period of detention, I direct that the petitioner namely, Baishakhi Choudhary 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 S.D.J.M. Sherghati in connection with Sherghati (Dobhi) P.S. Case No. 173 of 2010. Anand Kr. (Mungeshwar Sahoo, J.)