IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37083 of 2009 1. MOHAN SHARMA 2. SANJAY SHARMA Versus THE STATE OF BIHAR ------------------ 02/ 03-11-2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Petitioners are accused in Barahiya (Birpur) P.S. Case No. 67 of 2009 for offences punishable under Sections 25AB (1-ab), 26 and 35 of the Arms Act. Substance of allegation as set out in the F.I.R. is that upon receiving certain information, the informant who is the Officer In-Charge of Barahiya (Birpur) Police Station raided the mill of one Sudhanshu Singh. These two petitioners were trying to escape but were arrested after a chase and they disclosed their names as Mohan Sharma and Sanjay Sharma. It is urged that upon search made in the mill, arms, cartridges and tools used for preparation of arms were recovered and seized from the said mill. Learned counsel appearing on behalf of the petitioners submits that admittedly the petitioners are not the owner of the mill and it belongs to one Sudhanshu Singh. Learned counsel further submits that nothing was recovered from their possession and the admitted position is that the recovery was made from the mill and as such the allegation set - 2 - out as against the petitioners do not bring home the charges. It is further submitted that the petitioners are in custody since 9.4.2009. Considering the facts and circumstances, let petitioners, namely, Mohan Sharma and Sanjay Sharma be released on bail upon each one of them furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Barahiya (Birpur) P.S. Case No. 67 of 2009. S.Sb/- (Jyoti Saran, J.)