IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22719 of 2008 RAKESH KUMAR Versus THE STATE OF BIHAR - - - - 3. 8.7.2008 Heard. The allegation is that the petitioner was found in possession of a country made pistol. The explanation was that a co- accused Rajesh who fled away seeing the police had handed over the same to him. The contention is that the explanation ought to have been accepted and that the description of the weapon in the F.I.R. does not tally with that as given by the Sergeant Major. The further contention is that the petitioner is in custody since last four months. The learned Judge has given the reasons as to how the description given tallies. In any view, the weapon was recovered from the possession of the petitioner, considering which I am not inclined to direct release of the petitioner at this stage. However, as soon as the petitioner completes one year of imprisonment in Town P.S.Case No. 124 of 2004, the Chief Judicial 2 Magistrate, Muzaffarpur, or any other Magistrate who could be receiving the case in his file shall release the petitioner on his execution of a bond to his own satisfaction. With the above observation this petition is dismissed. Kanth ( Dharnidhar Jha, J.)