IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.40956 of 2010 KRISHNA KUMAR, son of Ram Padarath Sharma, resident of village- Mohini, Police Station- Kurhani, District- Muzaffarpur ….Petitioner Versus THE STATE OF BIHAR …OP ----------- 2/ 09.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 20.7.2010 and 16.9.2010 passed by the Judicial Magistrate, 1st class, Muzaffarpur and the Sessions Judge, Muzaffarpur, respectively in Kazi Mohammadpur P.S. case no.33 of 2008 under section 25(1- B)A,26, 35 of the Arms Act and Cr. Revision No.182 of 2010. The case of the prosecution is that three persons were chased on suspicion; out of whom one was arrested and from his possession arms were recovered. The name of petitioner and one Sonu Kumar S/o Umesh Thakur was disclosed by the apprehended accused. Submission of the counsel for the petitioner is that in the facts of the case no offence whatsoever much less under the Arms Act is made out. On going through the narrative of the First Information Report, I have no option but to agree with the submission of the counsel for the petitioner. In view of such, proceeding of Kazi Mohammadpur P.S. case no. 33 of 2008 pending in the court of Sri N. K. Thakur, Judicial Magistrate, 1st class, Muzaffarpur, is quashed with regard to the present petitioner and co-accused Sonu Kumar S/o Umesh - 2 - Thakur. The application stands allowed. JA/- (Anjana Prakash, J.)