IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30959 of 2011 Bindeshwari Yadav @ Bindi Yadav Versus The State Of Bihar ----------- 02/ 27.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 26.3.2011 in a case registered under sections 25(1-AA), 25(1-b), 26 and 35 of the Arms Act. Allegedly, in huge quantity cartridges were recovered from a vehicle in which the petitioner and some other persons were travelling and subsequently, in huge quantity cartridges were recovered from the business premises of the petitioner. It is pointed out by learned counsel for the petitioner that for the same occurrence, two cases were lodged. Present case was lodged for the offence under the Arms Act whereas second case i.e. Bodh Gaya P.S. Case no. 62/2011 for the offences under sections 121, 121(A), 122, 123, 124(A),188, 120(b) of the IPC and 10, 13,16, 18 of the Unlawful Activities Act was lodged. It is contended by him that in Bodh Gaya P.S. Case no. 62/2011, petitioner has been granted privilege of bail by another bench of this court vide order dated 27.7.2011 passed in Cr. Misc. no. 22636/2011. It is further contended by him that so far as recovery of fire arms is concerned, admittedly recovered fire arms were licencee fire arms and as a matter of fact, petitioner kept the aforesaid fire arms for his safety as on earlier occasion naxalite attacked not only business - 2 - premises of the petitioner but also on the petitioner. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner, Bindeshwari Yadav @ Bindi Yadav, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case no. 61/2011. shahid (Hemant Kumar Srivastava,J)