IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45954 of 2008 AVINASH KUMAR @ BUNTY GUPTA @ AVINASH @ BUNTY … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Rana Pratap Singh For the State: Shri Dashrath Mehta,APP ----------- 2. 16.12.2008 Heard. The case is under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)A of the Arms Act. The petitioner was arrested at the spot and from his possession a country made pistol is said to be recovered without any cartridges. The contention is that the sections of the offence, like, Sections 399 and 402 of the Indian Penal Code could not be applicable to the facts of the case as the petitioner or others might have prepared themselves to commit more serious offence than dacoity. The next contention was that the recovery of an arms without an ammunition could not have any effect Be that as it may, regard being had to the recovery of the weapon, I am not inclined to direct the petitioner on bail 2 presently. However, as soon as the petitioner completes one year of his custody from the date of his remand in Kotwali P.S.Case No. 93 of 2008, the court below shall release the petitioner on his executing a bond to its own satisfaction. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)