IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1900 of 2009 HEERA MISHRA Versus STATE OF BIHAR ----------- Cr.Misc. No.2684 of 2009 CHHOTELAL PRASAD YADAV @ CHHOTE PD.YADAV Versus STATE OF BIHAR ----------- For the petitioner : M/s D.K.Sinha, Sr. Advocate & Ajay Kumar Thakur, Advocate For the State : Mr. Jharkhandi Upadhaya, A.P.P. ------------ 4 22.4.2009 Cr.Misc. No. 1900 of 2009 filed by HEERA MISHRA and Cr.Misc. No. 2684 of 2009 filed by CHHOTELAL PRASAD YADAV @ CHHOTE PD.YADAV have been taken up together as they arise out of the same Deep Nagar P.S. Case No. 121 of 2008 registered under various sections of the Arms Act and having been heard together and is being disposed of by this common order. Petitioner Heera Mishra is in custody since 12.9.2008 on the allegation of having been found in possession of 5 countrymade pistols and petitioner Chhotelal Prasad Yadav is also in custody from the same date having been found in possession of 6 countrymade pistols and both having been arrested at the spot. The submissions on behalf of petitioner Heera Mishra is that he is a patient of mental disorder and is under the treatment of an eminent doctor of Patna since 2002 and even the jail doctor had also sent a report in this regard to the court, in support whereof prescription have been filed as annexures. So far petitioner Chhotelal Prasad Yadav is concerned the - 2 - submissions is that he has been falsely implicated after he has been arrested in the market. Both the petitioners have in custody for over 7 months. In the facts and circumstances of the case petitioner HEERA MISHRA of Cr.Misc. No. 1900 of 2009 and petitioner CHHOTELAL PRASAD YADAV @ CHHOTE PD.YADAV of Cr.Misc. No. 2684 of 2009. 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 to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No. 121 of 2008. Spd/- (Abhijit Sinha, J.)