IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34189 of 2008 BHARAT YADAV Versus THE STATE OF BIHAR ----------- 02/ 08.09.2008 Heard. The allegation is that while the house of the petitioner was being searched, he was found sleeping on a bed and under the pillow of which two country made pistols and a cartridge were found along with a cell phone. The petitioner was arrested and has been remanded to custody. The contention is that the rejection order itself indicates that charge sheet has been filed without obtaining the previous sanction of the District Magistrate and accordingly, cognizance has been taken. The further contention is that the house was joint having a window and there were anomalies in the case, inasmuch as, the case number was also not appearing at the top of the seizure memo. Previous sanction of the District Magistrate is essential for taking cognizance and not for granting bail or otherwise. As regards the existence of the window, it could be there for taking a plea of the placement of the arms under - 2 - the pillow. As regards the appearance of the case number at the top of the seizure memo, it could be for many purposes and especially with a purpose to connect the seizure with the particular case, so as not to losing the document. The petition is dismissed. DKS/ (Dharnidhar Jha, J)