IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30429 of 2008 Deep Narayan Sahni, son of Late Mukh Lal Sahni, village Raipur Buzurg, PS Sarai Ranjan, Dist. Samastipur – Petitioner. Versus The State Of Bihar 28.6.2011 Heard learned counsel for the petitioner and the A.P.P. representing the State. This application has been filed for quashing order, dated 20.11.2006 passed by the Chief Judicial Magistrate, Samastipur in Sarai Ranjan Ps Case No. 40/2005 by which cognizance for the offences alleged to have been committed under sections 25(1-B)A/26 of the Arms Act has been taken. The prosecution case, in short, is that an occurrence had taken place on 17.1.2002 under sections 341, 323, 504/34 of the Penal Code and 25(1-B)A/26/35 of the Arms Act. This case was instituted in which Ramji Sah and Arun Sah were made accused. It is alleged that on 17.1.2002 itself Ramji Narain, the Mukhiya had handed over a country made pistol to Arun Sah and Ramji Sah. This country made pistol was produced in the police station by said Arun Sah and Ramji Sah who were accompanied by Chowkidar’s son Kapildeo Paswan. Investigation was made in this case and on the basis of the evidence of Kapildeo Paswan, Dharmendra, Mahendra, Surendra Mahto, Vinod and Suryakant, the case was instituted after three and half years against the petitioner alleging that he was the owner of the unlicensed pistol. On perusal of the FIR the fact it is evident that the case against Deep Narayan Sahni was instituted after three and half 2 years of the occurrence which itself creates doubt on the reason for institution of the case. It is also strange that the witnesses mentioned in the FIR should have supported the case of the prosecution that the petitioner was responsible and was the owner of the unlicensed pistol, these persons were not eye witness to the fact that this petitioner handed over the unlicensed pistol to Arun Sah. Had this been a fact, it would have been mentioned in the original case diary, which was instituted under sections 341, 323 and 504 of the Penal Code as it would appear that the said pistol was produced on 17.1.2002 at 8 AM i.e. same day on which the occurrence had taken place. This court in view of the discussions made above comes to the conclusion that in fact the case is unbelievable and instituted at a belated stage which raises suspicion for the reasons involving Deep Narain Sahni, the petitioner in this case. It is reiterated that there is no eye witness even according to the FIR with respect to the actual handing over of the pistol to Arun sah and Ramji Sah. The role of Kapildeo Paswan was only limited to accompanying the aforesaid persons. As such this court finds that the entire case appears to be an after thought and the order impugned is hereby quashed. This application is allowed. haque ( Sheema Ali Khan, J.)