IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22719 of 2008
RAKESH KUMAR
Versus
THE STATE OF BIHAR
– – – –
3. 8.7.2008 Heard.
The allegation is that the petitioner
was found in possession of a country made
pistol. The explanation was that a co-
accused Rajesh who fled away seeing the police
had handed over the same to him.
The contention is that the explanation
ought to have been accepted and that the
description of the weapon in the F.I.R. does
not tally with that as given by the Sergeant
Major. The further contention is that the
petitioner is in custody since last four
months.
The learned Judge has given the reasons
as to how the description given tallies. In
any view, the weapon was recovered from the
possession of the petitioner, considering
which I am not inclined to direct release of
the petitioner at this stage.
However, as soon as the petitioner
completes one year of imprisonment in Town
P.S.Case No. 124 of 2004, the Chief Judicial
2
Magistrate, Muzaffarpur, or any other
Magistrate who could be receiving the case in
his file shall release the petitioner on his
execution of a bond to his own satisfaction.
With the above observation this
petition is dismissed.
Kanth
( Dharnidhar Jha, J.)