IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.16555 of 2009 ***** Upendra Prasad, S/o Late Laxman Prasad, resident of village- Kothia, P.S. Kanti, District- Muzaffarpur. …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 3. 13.7.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. As per the F.I.R. petitioner has been arrested from the spot and from his person one country made loaded pistol with three live cartridges and one fired cartridge was recovered with a knife. There are seizure list witnesses who have certified the position and the matter has been supported by the Constable and also supervised by the Dy. S.P., who has found the incident to be true. In view of preponderance of evidence against the petitioner he does not seem to be a person engaged in an avocation of respect, obviously the petitioner along with his another co- accused were planning a major crime to be committed. The recovery has been shown at about 10.30 during day time and, therefore, it cannot be said that it is a case where petitioner has been implicated in the case falsely by the police as contended at the Bar. In view of above, the prayer for bail is rejected. Since the charge-sheet has already been filed, if the trial of the petitioner does not conclude in nine months the matter may be considered afresh on its own merit. Pawan/- (Ajay Kumar Tripathi, J.)