IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41819 of 2007 MD.GUDAR @ FAIYAZ, SON OF ALI RAZA, RESIDENT OF VILLAGE-BARDAH, P.S.- MUFFASIL, DISTRICT-MUNGER. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. N.K. Agrawal (Sr. Advocate) : Mrs. Sashi Priya Pathak (Adv.) For the State : Mr. U.S.P. Singh (APP) ----------- 05/ 14.05.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner has prayed for his discharge which was rejected vide order dated 03.08.2007 in Sessions Trial No. 765 of 2006 passed by the Additional Sessions Judge Ist, Munger whereby he has rejected a petition under Section 227 of the Code of Criminal Procedure filed on behalf of the petitioner. The case under Sections 25 (1-A), 25(1- AA), 25 (1-B), 26 and 35 of the Arms Act was registered. The police has received confidential information which has led to a raid and one carbine along with two magazines, four live cartridges wrapped in a cloth was recovered from possession of Md. Khurshid. The name of the petitioner and others have come on the basis of confessional statement of Md. Khurshid who stated that the carbine etc. were being 2 manufactured by Wali Azam. In course of investigation, the police came to know that Wali Azam was the real culprit and involvement of the petitioner was also found. Submission is that at the stage of framing of charge that the court must record the evidence which was being proposed to be brought by the prosecution for putting the accused on trial. It has been submitted that only on the basis of confession no charge should have been framed and the petitioner ought to have been discharged. Section 25 (1-A) of the Arms Act relates to acquisition of any prohibited arms or ammunition any contravention of Section 7 of the Arms Act. Whereas Section 25 (1-AA) relates to manufacture, sale, transfer, conversion, repairs, test etc. with regard to sale and transfer of the arms. Section 25 (1-B) gives wider dimension to the offence that any of the persons who are involved in possession or carrying any firearm or ammunition, any contravention of Section 3 of the Arms Act, acquires or possess any arms or contravention of Section 4 of the Act, sales, transfers any 3 contravention of Sub-Clause 2 of Section 8 of the Arms Act, a person who sales, transfers, converts, repairs any firearms or ammunition contravention of Clause-b, a of Sub-Section 1 of Section 9. Other persons associates with the sale, purchase, manufacture, transfer are also to be prosecuted for offence under the Arms Act. In the present case, in course of investigation, no doubt name of the petitioner has come on the basis of confession of co- accused but the confession made was by that co- accused from whom firearm was recovered and on the basis of that the court has rejected the prayer for discharge. At the stage of framing of charge there were sufficient materials upon which the court should have asked the petitioner to face the trial and it has rightly done. Considering this, there is no material in this application and it is accordingly dismissed. kksinha/ (Shyam Kishore Sharma, J.)