IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17687 of 2009 1. DEEPLAL SAHNI @ BUDHWA SAHNI 2. RAJDEO SAHNI SON OF RACHANDRA SAHNI, BOTH ARE RESIDENT OF VILLAGE – AKBARPUR, P.S. AHIYAPUR, DISTRICT – MUZAFFARPUR. Versus STATE OF BIHAR ----------- 3. 29.07.2009 Heard learned counsel for the petitioner and the State. The offence alleged is under Sections 399 and 402 of the Indian Penal Code and Sections 25 (1- b)a/26/35 of Arms Act and ¾ of Explosive Substance Act. A supplementary affidavit has been filed on behalf of the petitioner stating therein that there is no criminal antecedents against petitioner no. 1 . So far as petitioner no. 2 is concerned, there are two criminal cases pending against him. One of which, petitioner was acquitted and in the other case no chargesheet was submitted against him. It is submitted that petitioner is alleged to be a member of Gang. A country made pistol was recovered from the possession of these petitioners who are in custody since 9th of April 2008. It is further submitted that similarly situated accused person has been granted bail by this court vide order dated 2 26.02.2009 passed in Cr. Misc. No. 403 of 2009. Learned counsel for the State is not in a position to refute the submissions made on behalf of the petitioner. Considering the facts and circumstances of the case, Let the petitioner above named 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 Additional Sessions Judge, F.T.C. III, Darbhanga in connection with S.T. No. 273 of 2008 arising out of Simri P.S. Case No. 35 of 2008. Jagdish/- (Shailesh Kumar Sinha,J)