IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45948 of 2008 BIDYA NAND SAH Versus STATE OF BIHAR ----------- 2. 18.12.2008 Heard Mr. S. K. Pathak, learned counsel for the petitioner and Mr. D. Mehta, Learned A.P.P. The case is under sections 399 and 402 of the Indian Penal Code and Section 25 etc. of the Arms Act. The contention is that the Penal Code offence may not be attracted under the facts and circumstances of the case. As regards recovery of the arms, it is in order to implicate the petitioner. Regard being had to the recovery of arms, the Court is not inclined to direct the release of the petitioner on bail. The petition is dismissed. However, in case the trial is not concluded within one year from the first date of remand of the petitioner in the case, the court below itself shall release the petitioner on bail on furnishing bond to its own satisfaction. sudip ( Dharnidhar Jha,J )