IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43706 of 2009 BINOY KUMAR SINGH Versus STATE OF BIHAR ----------- 2/ 10.12.2009 Heard. The police conducted a search of the house of the petitioner and from a Kothi (a grainery made of earth ), a country made rifle, as per description of the weapon in the F.I.R. as also in the recovery memo, was recovered. The contention is that the weapon was recovered without cartridge and out of six such ‘kothi’ only one was found with weapon. The third contention was that the house was common and joint among many co-sharers. In spite of above contention of jointness the police has reported that the house belonged to the present petitioner and the ‘kothi’ was also owned by him. Regard being had to the facts and circumstances and considering recovery of weapon from possession of the petitioner, the prayer for bail of the petitioner is dismissed. However, in case the trial is not concluded within one year from the date of remand of the petitioner, the court below shall itself release the petitioner on furnishing a bond to its own satisfaction. ( Dharnidhar Jha, J ) BTiwary/ - 2 -