IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38158 of 2009 NAGESHWAR RAI @ NAGESHWAR RAM Versus STATE OF BIHAR ----------- 2/ 30.10.2009 Heard. The case has been registered under sections 399 and 402 of the IPC and some sections of the Arms Act. The allegation is that some criminals had assembled after having armed themselves with deadly weapons in order to commit dacoity and on that the police rushed and apprehended the petitioner and others. Nothing had been found in possession of the petitioner. The contention is that other persons have been admitted to bail and that it may not be a case under sections 399 and 402 of the Code. Likewise, the offence under the Arms Act cannot be attracted as nothing was recovered from the petitioner. Learned APP has drawn the attention of the court towards the alleged statement of the accused persons claiming their participation in other incidents. But the rejection order is silent on the criminal history of the petitioner. It is said that the petitioner bears a clean history. In the facts and circumstances, let petitioner Nageshwar Rai alias Nageshwar Ram be released on bail on furnishing bail bond of Rs.5000/(five thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Muzaffarpur in S.T. No. 30 of 2006 arising out of Sakra P.S. Case No. 186 of 2005. Anil/ (Dharnidhar Jha, J.)