IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20706 of 2008 MD.IBRAN @ MD.BABLOO Versus STATE OF BIHAR ----------- 3. 15.7.2008 Heard. The FIR itself indicates that the arms could not be said to be within the constructive possession of the petitioner as the recital of facts indicates that the petitioner merely picked up the arms which was thrown by the fleeing accused Firoz. The prayer for bail has been dismissed by an officer of the rank of Additional Sessions Judge who could be advised to appreciate as to what could be “constructive possession which could be the central point in an offence of the present nature”. Let the above named petitioner be released from custody on furnishing P.R.bond of Rs.1,000/-(one thousand)only without any surety to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Kazimohammadpur P.S.Case no.18 of 2008. B.Kr. ( Dharnidhar Jha, J. )