IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43302 of 2009 VIJAY YADAV @ BILASH YADAV Versus STATE OF BIHAR ----------- 2. 4.12.2009 Heard. The case has been registered under Sections 399 and 402 of the IPC and Section 25 etc of the Arms Act. The allegation is that the petitioner along with others had assembled after having made preparation for committing dacoity. The police alleged that the petitioner and others started running away and the petitioner was caught and he was found in possession of a country made pistol with ammunitions as per description of the same in the FIR and seizure memo. The contention is that it may not be a case under Sections 399 and 402 of the Penal Code and further the petitioner was caught by his enemies and was handed over to the police but this fact has deliberately been suppressed by the police. There is no reason to negate the claim of the police that it had apprehended the petitioner and recovered the arms and ammunitions. It remains debatable whether it could be a case under Sections 399 and 402 of - 2 - the Penal Code but in the light of the recovery of ineffective arms and ammunition, I am not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. However, if the trial is not concluded within one year of the remand of the petitioner in the case, i.e., Silao P.S.Case No.82 of 2009, the C.J.M., Nalanda or any other Magistrate trying it, shall release the above named petitioner on bail to his own satisfaction. B.Kr. ( Dharnidhar Jha, J. )