IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8516 of 2010 SHIVNATH RAI,son of late Ramsewak Rai, resident of Rauna Kachri,P.S.-Gaighat, District-Muzaffarpur. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :M/s Sudhir Kr.Singh & Rajeev Ranjan No.1, Advocates For the State :Mr. Gauri Shankar Gupta, Addl.P.P. ------------- 02/ 19-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Gaighat P.S.Case No.282 of 2009 dated 29-10-2009, registered under Sections 25(1-B)(a), 26 and 35 of the Arms Act. It is submitted by the learned counsel for the petitioner that, as a matter of fact, recovery of four live cartridges and a country made rifle were not from the exclusive and conscious possession of the petitioner, rather the same had been recovered from a room in possession of his son, co-accused, Sanjay Rai. He has also stated that the petitioner has fair antecedent and there is no criminal history at all against him. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that the house in question is under joint possession of the petitioner and his son as also other adult family members and, therefore, plea of not recovery of fire arm from his exclusive possession cannot be considered at this stage. Be that as it may, in view of the recovery of certain fire 2 arms from a joint house of the petitioner and his son, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail It is, accordingly, dismissed. The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the same may be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)