IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42286 of 2009 HIRDAY NAND BARI, Son of Mundrika Bari, Resident of Village Bhadwar, Bsadhi, Police Station Bagen Gola, District Buxar. Versus STATE OF BIHAR ----------- 2 7/12/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 467,468,471 and 120 (B) of the Indian Penal Code and sections 25/26/35 of the Arms Act. Allegation against the petitioner is that not only he was found to be in possession of two guns for which he had no valid license but the license which was produced by him was found to be forged. Counsel for the petitioner, however, would submit that the petitioner was made victim of the circumstances, inasmuch as, he was made to believe by the dealer of the gun and the agent dealing in getting license under the Arms Act that their guns with license were under valid transaction. The over simplistic argument of counsel for the petitioner could have been accepted if the petitioner could have been even in possession of memo of purchase of guns from the authorised shop. It however has come in course of investigation that though gun was purchased at 2 Bhagalpur, the receipt thereof was given to him of some shop at Munger. It thus becomes clear that first the petitioner had got gun on the basis of forged sale receipt and subsequently he was also carrying the same on the basis of yet another forged arms license under the Arms Act. Under such circumstances, this Court, taking into account that the petitioner is in custody only since 14.6.2009, is not inclined to grant bail to the petitioner for the present but as the petitioner has no criminal antecedent, liberty is given to him to renew his prayer for bail after completing one year of his judicial custody. With the aforesaid observations and directions this application is dismissed for the present. Abhay Kumar (Mihir Kumar Jha, J.)