IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23434 of 2007 Prabeen Kumar @ Munna, S/0 Hare Ram Singh, R/o Vill. Naokothi, P.S. Naokothi, District-Begusarai. …….Petitioner. Versus 1. The State of Bihar 2. Bhai Bharat Kumar S.I. Officer-in-Charge, Naokothi Police Station, District-Begusarai ……Opposite Parties. ----------- For the Petitioner :- Mr. Shubhesh Pandey, Advocate. For the State :- Mr. Jharkhandi Upadhayay, A.P.P. 5. 23. 06. 09. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. In this case, Opposite Party No 2 is Bhai Bharat Kumar S.I. Officer-in-Charge, Naokothi Police Station, District Begusarai. From the record it appears that notice was validly served on the Opposite Party No. 2. However, on perusal of notice it appears that Opposite Party No. 2. has been transferred to some other place and it could not be served on him. This application has been filed by the petitioner with a prayer that this Court may discharge him for the offences punishable under Sections 25(1-b) a and 26 of the Arms Act as also Sections 3 and 4 of the Explosive Substances Act. The prosecution case is that the petitioner was arrested and was found in possession of a loaded pistol and five live cartridges along with two bombs. The main argument on behalf of the petitioner is that the bombs were sent to Forensic Science Laboratory for its 2 chemical examination and till today no report has been received from the Forensic Science Laboratory and as such it is prayed that he should be discharged from Sections 3 and 4 of the Explosive Substance Act. The case has already been committed to the court of Sessions for trial. At present, learned counsel for the petitioner can not state whether the trial has proceeded and witnesses have been examined as yet or not. However, it appears that Forensic Report regarding bombs which were recovered from the petitioner, has not yet been received by the court below during the trial. The petitioner-accused will obviously be getting some technical advantage if the report is not received before the trial ends. This Court however, can not discharge the petitioner from the aforesaid offences at this stage and this aspect is essentially to be considered during the trial of the case. This application is, thus, dismissed. A copy of this order may be sent to the Superintendent of Police, Begusarai, for needful. m.p. (Sheema Ali Khan, J.)