IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39875 of 2008 RAHUL ANAND @ SHAMI Versus THE STATE OF BIHAR ----------- 3. 22.12.2008 Heard Sri S.S. Sunil, Advocate for the petitioner and Sri D. Mehta, APP for the State. The case has been registered under Sections 399, 402 of the IPC and 25 etc. of the Arms Act. The contention is that there was no objective material to really apply the provisions of the Penal Code and as regards the recovery of the alleged arms it is, besides being exaggerated also appears a police manufactured allegation after fastening the weapon, so as to implicating the petitioner. The recovery is described by the police in the FIR was of 9 mm automatic pistol made in China and that could be comes in the category of prohibited weapons. In the light of above fact, I am not inclined to direct the release of the petitioner Rahul Anand @ Shami. His prayer is dismissed. DKS/ (Dharnidhar Jha, J.)