IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43390 of 2008 RABUDDIN MIAN … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Raghav Prasad For the State:Shri Dashrath Mehta, APP ----------- 3. 5.12.2008 Heard. The case relates to recovery of a country made carbine along with the magazine containing four live cartridges of 9 mm from the possession of the petitioner. While he was traveling with another accused on a motorcycle, the police commanded the petitioner to stop but the petitioner attempted, as per the allegation to give them a slip. The accused persons were over powered and apprehended. The vehicle was being driven by accused Shakti Singh while this petitioner was a pillion rider and was having the weapon in his possession. The contention is that, in fact, the police recovered the weapon from Shakti Singh and asked the petitioner to sign the seizure memo which was refused by the petitioner and as such he has been made the chief accused. 2 It is further submitted that the petitioner was not traveling on a motorcycle and was going to Goaplganj and when he was at a particular place the police asked the petitioner to stop and apprehended him. The Court is not fascinated by the fact pleaded by learned counsel for the petitioner as a country made carbine along with four live cartridges of 9 mm which was the prohibited arms was recovered from the possession of the petitioner. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)