IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47313 of 2008 DEVA NAND YADAV @ DEV CHANDRA YADAV @ SANJEEV YADAV Versus STATE OF BIHAR ----------- 2. 12.12.2008 Heard Sri Shekhar Kumar Singh, Advocate for the petitioner and the learned A.P.P. for the State. The case is under different Sections of the Arms Act. The police had an information that a person of a particular gang of criminal would go to meet a person of a particular house. Accordingly, the police had put itself on wait and when the petitioner reached there he was apprehended and his person was searched whereafter a country made pistol and a few cartridges as per description in the FIR and seizure memo were recovered. The contention is that the recovery was made before the FIR was written as also the seizure memo was prepared, but still the police station case finds mentioned at the top of the seizure memo. The contention further is that the distance of the police station from the place of occurrence being one and half kilometers, it could not have been easy for the police to put its hand upon the petitioner as the petitioner - 2 - could have slipped out. The petitioner knows things better as to how he was caught and remanded. As regards the appearance of the police station case the photo copy form of the seizure memo is available on account of being filed on the present record by the petitioner and it shows that the particular writing in column no.1 was made subsequently by a different person. Petition is dismissed. However, as soon as the petitioner completes one year of his custody in the case from the day of his remand, the C.J.M. Katihar shall himself release the petitioner on bail on execution of a bond to his own satisfaction in connection with Katihar Town P.S.case No.135 of 2008. B.Kr. ( Dharnidhar Jha, J. )