IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46125 of 2008 KAILASH MAHTO Versus THE STATE OF BIHAR ----------- 2. 18.12.2008 Heard Sri Bimal Kumar No. I, Advocate for the petitioner and Sri D. Mehta, APP for the State. The police searched the house of the petitioner in his absence but in presence of the wife of the petitioner. A country made pistol, which was lying on the attachiecase, said to be belonged to the petitioner with a few cartridges were recovered in presence of two witnesses. A plea has been taken that the witnesses were partners of the petitioner in business of fisheries and there appeared rift between the partners and so as to settle scores the petitioner has falsely been implicated by his ex- companions in business. The further contention is that no independent person has come forward to support the prosecution story. As indicated above, the very personal living room of the petitioner appears to be place of occurrence. Except the seizure witnesses, who were taken there by the police, there could not be any person available so as to witnessing - 2 - the search of the house and seizure of the weapons. The court is not fascinated by the defence of false implication of the petitioner at the behest of his ex-partners in business. Considering that there is a recovery of full fledged arms and ammunitions, I am not inclined to direct the release of the petitioner. The petition is dismissed. However, as soon as the petitioner completes one year of confinement from the day he surrendered before the court and if by that time the trial appears not concluded, the court below shall itself release the petitioner on execution of a bond to its own satisfaction. DKS/ (Dharnidhar Jha, J.)