IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23349 of 2009 JAI PRAKASH PRASAD Versus STATE OF BIHAR ----------- 02 14.09.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under diverse Section of the Arms Act. It is contended that as per F.I.R. one country made gun was recovered from beneath the bed. Petitioner admittedly was not around. Referring to the seizure memo, it is contended that when the seizure was effected on 05.05.2009 and F.I.R. was lodged on 06.05.2009 then how could the case no. be incorporated therein. It is next contended that no one in the family was handed over under receipt the seizure memo. It is further highlighted that the petitioner has absolutely no criminal antecedent. Referring to statement made in paragraph no. 8, it is submitted that the house from where the alleged recovery was made was half built house, in so much so, there was no doors and windows fixed therein. On these submissions, prayer has been made to extend the privilege of anticipatory bail to the petitioner. This court, on consideration of the materials on record, is of the view, that the petitioner should surrender and apply for regular bail before the court below which shall be considered on merit with reference to the submissions advanced 2 before this court and also the fact appearing from the record. The court below shall be uninfluenced by the present order passed by this court while disposing of the said application on merit. With this observation, the application is disposed of. Sym/ (Kishore K. Mandal, J.)