IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44202 of 2008 BISHESHWAR RAVIDAS Versus STATE OF BIHAR ----------- 3. 14.1.2009 Heard Mr. Shyamal Prakash, learned counsel for the petitioner and Mr. Shailendra Kumar no.1, learned A.P.P. The police had secret information that the petitioner had possessed some arms. It searched the Darwaja of the petitioner and from under a bed spread over a chowki, a country made rifle and three cartridges were recovered, as per description in the F.I.R. and also in the seizure memo. The contention is that it could not be a case of conscious possession and further that the place, from where the recoveries were made, was open and accessible to all. Contention further is that the petitioner is in custody since 9.6.2008. The Darwaja was of the petitioner and the bed was also belonging to the petitioner. The petitioner was present very much at the time of search and the manner of concealment of the arms could very well give impression of conscious possession. The petition is dismissed. However, as soon as the petitioner completes one year of confinement from the date of remand in the case and in case the prosecution is not being brought to an end, the petitioner may be released on bail on furnishing bond to its own satisfaction. sudip ( Dharnidhar Jha,J )