IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22408 of 2009 JATA YADAV Versus STATE OF BIHAR ----------- 2 21.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including section 307 IPC and section 27 of the Arms Act. Prosecution case, briefly put, is that the police personnel raided the house of one Bagar Choudhary . There was firing from the said house which was responded to by the police party as well. It is said that one co-accused namely Rajesh Choudhary @ Sadhu was arrested close to the house of Bagar Choudhary from whom several arms and ammunitions were recovered. Learned counsel submits that aforesaid co-accused Rajesh Choudhary @ Sadhu has since been granted bail by the learned court below. Referring to Annexure-3 (order granting bail to co-accused Rajesh Choudhary @ Sadhu), it is contended that the police in the present matter have acted in a quite arbitrary manner which the learned court below, while granting bail to that co-accused, has taken note of. It is submitted that aforesaid co-accused Rajesh Choudhary @ Sadhu allegedly made confessional statement before the police naming eight accused persons including the petitioner. He is in custody since 28.1.2009. In the facts and circumstances of the case, let 2 petitioner abovenamed 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 learned Chief Judicial Magistrate Bettiah, West Champaran in connection with Shrinagar P.S. case no. 61 of 2008 subject to the condition that one of the bailers will be own/close family member of the petitioner. pkj ( Kishore K. Mandal, J. )