Full Judgment
24. 01-2012 Heard learned counsel for the petitioner and learned Additional P.P. for the State. Amagya Rai, O/C of Andar P.S. recorded his own Fardbeyan disclosing therein that he had proceeded to apprehend the petitioner against whom warrant of arrest was issued by the court of Judicial Magistrate, 1st Class, Siwan to depose and as such had reached in front of Bathan of petitioner wherefrom two persons escaped out of whom one was apprehended who disclosed his identity as petitioner and on search, a loaded country made pistol was recovered from his possession. Contention on behalf of the petitioner happens to be that the aforesaid recovery has intentionally been shown by the Patna High Court Cr.Misc. No.3565 of 2012 (2) dt.24-01-2012 informant because petitioner as a witness had failed to depose before the court concerned. Then submitted that from self statement of informant petitioner was apprehended at the spot while from Column-2 of the seizure list, it is evident that there happens to be no personal recovery from the possession of the petitioner. Therefore, there happens to be inconsistency with regard to manner of search and seizure followed with recovery. Petitioner happens to be in custody since 26.09.2011. In the aforesaid facts and circumstances of the case, petitioner, Santosh Kamkar is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Andar P.S. Case No. 124 of 2011. (Aditya Kumar Trivedi, J.) perwez./-