IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42812 of 2009 AKHILESH KUMAR MANDAL, son of Asho Mandal, resident of village Bhadaiya tola, P.S. Kursela, District Katihar Versus STATE OF BIHAR ----------- 2. 16.12.2009 Counsel for the petitioner makes a prayer to correct the statement in paragraph no. 13 of the bail application as with regard to date of petitioner being in judicial custody. The prayer is allowed. Heard counsel for the petitioner and the counsel for the State. The petitioner faces prosecution for offence u/ss 25/26 of the Arms Act and it is said that there was recovery of one loaded country made pistol. Counsel for the petitioner would submit that such recovery cannot be said to be made from personal possession of the petitioner, inasmuch as the same was found only in the house of the petitioner. He would also submit that the petitioner has got no other criminal case pending against him except Kursela P.S.Case No. 69/2008 which has been filed by the prosecution party against whom the petitioner had lodged an earlier case being Kursela P.S.Case No. 2 63/2007. Considering the aforementioned submissions, this Court could have been inclined to grant bail to the petitioner had he completed his judicial custody even for a period of six months. The petitioner is in jail only since 27.8.2009 and therefore, the prayer for bail of the petitioner is rejected for the present with a liberty to renew his prayer after 27.2.2010. (Mihir Kumar Jha,J.) Surendra/