IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52108 of 2008 HARI SHANKAR PRASAD GUPTA @ HARI SHANKAR KUMAR GUPTA, Son of Deena Nath Sah, resident of village-Gobarachha P.S.Bhagwanpur, District-Kaimur(Bhabua)—Petitioner. Versus STATE OF BIHAR ----------- 2. 28.1.2009 Heard Mr. Kumar Sunil, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The case is under different sections of the Arms Act. The allegation is that on account of information supplied by the petitioner to the police, the place was searched which was near a bamboo clamps and the recovery of two country made fire arms along with some cartridge, as per description in the F.I.R. and seizure memo, was made. Learned counsel for the petitioner submitted that the petitioner’s case was instituted on 2.6.2008 but the petitioner was remanded in this case on 1.7.2008. The contention further is that the recovery could not be said to be from the conscious possession of the petitioner, as may appear from the F.I.R. and that was also the submission. The petitioner was in custody and the police had probably taken him to custody from the court and on questioning, information was divulged which led to the recovery of the weapons. The petitioner appears of having criminal antecedent also, considering which the petition is dismissed. sudip ( Dharnidhar Jha,J )