IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5981 of 2011
FAUJDAR PASWAN
Versus
THE STATE OF BIHAR
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2/ 23.3.2011 Heard.
The house of the petitioner was searched and a country
made pistol and ten cartridges of .315 bore were found wrapped up
in a lungi and kept under the pillow of the bed, which was spread in
the room which was in possession of the present petitioner.
In spite of the above, the petitioner takes a plea that
recovery was not from his possession and that the house was in joint
possession of the family members.
The court could have been inclined to subscribe to the
submissions made before it but, considering the direct allegation and
story of the room being in possession of the petitioner and further
considering the manner in which the arms and ammunitions were
concealed, the court is not inclined to direct release of the petitioner.
The petition is dismissed.
However, if the trial of the petitioner is not concluded
within one year from the date of remand of the petitioner in this
case, the court below shall itself release the petitioner on bail on
furnishing a bond to its own satisfaction.
Anil/ ( Dharnidhar Jha, J.)