IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31166 of 2008 SANJAY YADAV Versus STATE OF BIHAR With Cr.Misc. No.36427 of 2008 PAPPU SINGH Versus STATE OF BIHAR ----------- 5. 2.12.2008 Heard Sri Gauri Shanker, Advocate for petitioner Sanjay Yadav, Sri Arun Kumar, Advocate for petitioner Pappu Singh and the learned A.P.P. for the State. The two petitions arise out of Hisua P.S.Case No.147 of 2007 under Sections 25, 26 and 35 of the Arms Act and Section 5 of the Explosive Substances Act. As regards petitioner Sanjay Yadav there is no recovery from his possession nor he was caught at the spot. Petitioner Pappu Singh was found in possession of two country made pistols as also two bombs kept in a Jhola and some more bombs in the house in a plastic bag. The police had the information that the present petitioner Pappu Singh shall have the company of some more of his companion criminal on that particular day in his house and accordingly, the raid was conducted. - 2 - Regard being had to the fact that the petitioner Pappu Singh was found in possession of arms as also explosive materials, I am not inclined to direct the release of the petitioner on bail. Petition is dismissed. As regards petitioner Sanjay Yadav, considering that he was neither caught at the spot nor there was any recovery from him he shall have to be released on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Nawada in the above noted case. B.Kr. ( Dharnidhar Jha, J. )