High Court Patna High Court - Orders

Faujdar Paswan vs The State Of Bihar on 23 March, 2011

Patna High Court – Orders
Faujdar Paswan vs The State Of Bihar on 23 March, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.5981 of 2011
                                 FAUJDAR PASWAN
                                          Versus
                               THE STATE OF BIHAR
                                        -----------

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.)