Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3563 of 2012 ====================================================== Sharwan Kumar @ Arjun Paswan S/O Mohan Paswan R/O Vill. Sri Nagar Mathian Chowk, P.S. Dariyapur, Distt. Saran at Chapra .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner : Mr. Prakash Srivastava, Advocate For the Opposite Party : Mr. P.K. Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER (Per: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI) 02/ 24-01-2012 Heard learned counsel for the petitioner as well as learned Additional P.P. A.S.I. Arya Kumar while was on night patrolling directed to halt two persons whose activities were suspicious, and disobeying the same unsuccessfully tried to escape. On search, from the possession of Raj Kishore Sah one loaded country made pistol was recovered while from the possessin of petitioner Sharwan Kumar @ Arjun Paswan, two live cartridges were recovered. Contention on behalf of the petitioner is that police has falsely shown recovery of cartridges from the possession of petitioner only to justify their illegal activity by putting the Patna High Court Cr.Misc. No.3563 of 2012 (2) dt.24-01-2012 2/2 petitioner under illegal custody. Presence of cartridges without any fire arm is of no consequence and further did not justify the validity and sanctity of recovery on the basis of search and seizure. Petitioner happens to be under custody since 16.9.2011. In the aforesaid facts and circumstances of the case, petitioner Sharwan Kumar @ Arjun Paswan is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Derni P.S. Case No. 52 of 2011. (Adiya Kumar Trivedi, J.) DKS/-