IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40866 of 2008 MADAN SONAR @ MADAN KUMAR SONAR @ MADAN KUMAR … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Ashok Kr. Mishra For the State: Shri S.B. Rai, A.P.P. - - - - 2. 24.10.2008 Heard both the sides. The petitioner is in custody in a case under Sections 25(1-b)A and 26 of the Arms Act and Section 414 of the Penal Code. While moving on a motorcycle, the petitioner was apprehended and on search he was found carrying a pistol and cartridges concealed in his waistband. The contention is that the seizure memo does not support the allegation that the weapon was recovered from the possession of the petitioner, rather, the same was recovered from a particular place on a road. The submission made by learned counsel overlooks the import of the fact mentioned in paragraph 2 of the seizure memo that the place from where the recovery was made has been described by the Officer preparing the seizure report in column 2 of the document. As regards the manner of recovery, it is described in the 2 F.I.R. itself, considering which, the prayer is dismissed. However, if the trial is not concluded within one year from the date of remand of the petitioner in Krishna Brahma ( Brahmpur) P.S.Case No.66 of 2008, which is presently pending before the Chief Judicial Magistrate, Buxar, the Chief Judicial Magistrate or any other Magistrate who could be seized with the matter, shall release the petitioner on his executing a bond to his own satisfaction. Kanth ( Dharnidhar Jha, J.)