IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39079 of 2008 DHANJI DOM @ DHARNA DOM Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard Mr. Satyapal Singh, learned counsel for the petitioner and Mr. D. Mehta, learned A.P.P. The case has been registered under sections 399 and 402 of the Indian Penal Code and sections 25, 26 etc. of the Arms Act. The petitioner was caught at the spot and a country made pistol as also empty cartridges were recovered from his possession. The contention is that offence under sections 399 and 402 of the Indian Penal Code may not be attracted as the petitioner and others could have assembled after having made preparation of committing some serious offence than dacoity. The next contention is that after recovery of the arms, the petitioner has remained in custody for five months. Considering that the petitioner was caught at the spot and effective arms were recovered from his possession, I am not inclined to direct release of the petitioner on bail. However, as soon as the petitioner completes one year from the first day of his remand in custody in connection with Buxar(Town) P.S. case no.103 of 2008 and his trial not being brought to a conclusion, the court below, i.e., Chief Judicial Magistrate, Buxar, shall release the petitioner on bail on furnishing bail bond of Rs.3,000/-(Three thousand) to its satisfaction. sudip ( Dharnidhar Jha,J )