IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17640 of 2009 1.NANDU KUMAR AND 2.SHAILESH PASWAN Versus STATE OF BIHAR ----------- With Cr.Misc. No.17478 of 2009 UMESH RAM @ GHUTAR RAM Versus STATE OF BIHAR ----------- 2. 28.5.2009. Heard both sides. The two bail applications arise out of the same case being Chandi P.S. Case No.173 of 2008 instituted under diverse sections of the Arms Act. As per allegation in the F.I.R., the house of petitioner Nandu Kumar and his father Umesh Ram was searched and in course whereof one country made rifle with two live cartridges are said to have been recovered. So far petitioner Shailesh Paswan is concerned, the allegation is that from his house too, one country made rifle and two mis fired cartridges were recovered. It is submitted that recoveries as alleged and the circumstances would reveal that the petitioners cannot be said to be in conscious possession of the recovered weapons/ammunitions. It is further contended that petitioner Nandu Kumar is in custody since 24.10.2008, petitioner Shailesh Paswan is in custody since 3.11.2008 whereas petitioner Umesh Ram (in Cr. Misc. No.17478 of 2009) is in custody since 11.11.2008. Counsel for the petitioners further states that they have clean antecedents. Counsel for the State is not in a position to dispute the aforesaid statements made on behalf of - 2 - N.H./ the petitioners. In the facts and circumstances, petitioners, namely, Nandu Kumar, Shailesh Paswan and Umesh Ram @ Ghutar Ram are directed to be released on bail on their furnishing bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of Sri R.K. Pandey, Judicial Magistrate, Ist Class, Hilsa, Nalanda in Chandi P.S. Case No.173 of 2008. ( Kishore K. Mandal,J.)