IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29259 of 2010 PANKAJ KUMAR Versus STATE OF BIHAR with Cr.Misc. No.29463 of 2010 RAJ KUMAR Versus THE STATE OF BIHAR 3 01.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. The above-said Criminal Misc. cases have arisen out of Maniyari P.S. Case No. 20 of 2010 registered under sections 414/34 of the Indian Penal Code and section 25(i-b)A/26/35 of the Arms Act and are being disposed of by this common order. Allegedly, five persons were caught by the informant and other police officials while they were going by Bolero bearing No. BR-29E-8907 and on searched, one country-made pistol, two live cartridges and one empty cartridge were recovered from possession of petitioner in Cr. Misc. No. 29259/10 whereas one loaded country-made pistol, two live cartridges and two empty cartridges were recovered from possession of petitioner in Cr. Misc. No. 29463/10. Similarly, fire-arms were recovered from possession of the other persons. Admittedly, the above-said Maniyari P.S. Case No. 20 of 2010 was registered on 07.02.10 and after that, the driver of above-said Bolero lodged Rail Siwan P.S. Case No. 11 of 2010 on 26.03.2010. Had the aforesaid Bolero was stolen by the - 2 - petitioners and their associates, the above-said driver or the owner of the said vehicle would have certainly lodged the case against the petitioners and their associates on the very date of the alleged theft. So far as the recovery of fire-arm is concerned, the specific stand of petitioner in Cr. Misc. No 29259 is that the petitioner was arrested by the police from his house on 06.02.2010 and subsequently, he was implicated in the alleged crime. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petitioners, namely, Pankaj Kumar and Rajkumar are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Maniyari P.S. Case No. 20 of 2010 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur with condition that one of the sureties must be close relative of the petitioners. AKV/- (Hemant Kumar Srivastava,J.)