IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36259 of 2008 HOSIL YADAV @ HOSHILA YADAV, S/o late Bishwanath Yadav, Resident of village – Shera Bazar Bathwaria, P.S. – Bathwaria, District – West Champaram. Versus THE STATE OF BIHAR ----------- 5. 10.2.2009 Heard Sri Vijay Kumar Singh No. 1, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The recovery is of a country made gun and a cartridge belt consist of nine live cartridges from the conscious possession of the petitioner. As is alleged the petitioner was arrested after making the recoveries. The report of the S.D.J.M., Bagaha indicates that the petitioner was not being produced before him since 1.10.2008 as the petitioner was facing a trial in another case before F.T.C. V, Bettiah. Thus, it could not be said that the petitioner was lying in custody and without trial in this particular case. The other aspect of the matter is that the petitioner has been reported to be accused in as many as 12 cases, most of which, the learned Sessions Judge indicated, were under Sections 364A, 395, 302 of the Penal Code. It is true that the petitioner has attempted to explain the circumstances of his implication but that of no consequence because an offence serious in nature is committed after - 2 - being released on bail may disentitled the petitioner to be released on bail. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)