IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39018 of 2008 MANOHAR MAHTO Versus STATE OF BIHAR ----------- 3. 19.12.2008 Heard Sri Narsingh Tanti, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner was found carrying a Jhola and was being accompanied by three more persons. The police captured the petitioner and another of his companion and recovered from the Jhola, five country made pistols and ten cartridges as per description given in the FIR and the seizure memo. It was contended by pointing out to the court that the part of the FIR that Ram Swaroop Mahto and Ram Dayal Mahto were on inimical terms and that the Mama of this petitioner, namely, Shivnath Prasad has purchased a piece of land from Ram Swaroop Mahto and on that account the witnesses to seizure like Rajesh Mahto @ Pappu who was son of Ram Dayal Mahto was inimical. It was further contended that it might be a case of transplant as well. Might be that Ram Swaroop Mahto and Ram Dayal Mahto could be inimical to each other but there is no indication as to why the witnesses could be falsely signing a document and why the police could be falsely creating a FIR and the evidence of seizure. As may appear from the FIR itself the petitioner and others were hired criminal, considering which, the prayer is dismissed. B.Kr. ( Dharnidhar Jha, J. )