IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16814 of 2009 1. RAJANI RAMAN ROY, ADVOCATE, CIVIL COURT, KATIHAR S/O SHREE SURESH KUMAR ROY VILL & P.O. RAJWARA, P.S. KORHA (RAUTARA) AND DISTT. KATIHAR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE KATIHAR 3. THE DISTRICT ARMS MAGISTRATE KATIHAR 4. THE EXECUTIVE MAGISTRATE KATIHAR 5. THE OFFICER INCHARGE KORHA POLICE STATION WITHIN THE DISTRICT OF KATIHAR 6. THE INCHARGE KATIHAR CIVIL COURT MALKHANA ----------- 3/ 12/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The licensed weapon of the petitioner bearing No. 105586 was seized in Korha P.S. Case No.184/89(G.R. No.2481/89). The case is stated to be still pending. The trial court directed the Officer-in-Charge to furnish details with regard to the seized weapon. It was reported that no details of the same were available in the Malkhana. The petitioner came to this Court at that stage. The respondents filed counter affidavit stating in a non-committal manner that a theft has been committed in the Malkhana which has then been sealed. Process of making inventory of the Malkhana was in progress. On 10.12.2010 this Court adjourned the matter for production of the gun before the trial court to enable appropriate consideration of the release application preferred by the petitioner. A supplementary counter affidavit has been filed by one Shri Rakesh Kumar Jha describing himself as the 2 Senior Deputy Collector Katihar. Paragraph-4 of the same states that the weapon of the petitioner has been deposited by the Superintendent of Police, Katihar in the Sadar Court Malkhana, Katihar on 18.1.2011. Learned counsel for the petitioner next submits that the validity of licence was extended till 31.12.2010. It has not been extended thereafter. A supplementary affidavit filed today states that the petitioner has applied for renewal of his arms licence. After he obtains appropriate orders of release from the court concerned, and produces the release order, the licensing authority shall proceed to forthwith consider his application for renewal of licence and whereafter the petitioner may seek physical possession of his weapon from the Malkhana concerned. Nothing in the present order shall be deemed to be a direction to the trial court of the manner in which the release application has to be decided. That is a matter which remains within the exclusive statutory jurisdiction of the court concerned, to be exercised in accordance with law. The application stands disposed. KC ( Navin Sinha, J.)