IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.34735 of 2008 ====================================================== Satish Singh son of Sri Hridya Narayan Singh, resident of village- Pandeypur, Police Station, Bihta, District- Patna. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. 2 12-07-2011 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 29.07.2008 passed by the Judicial Magistrate, Ist Class, Danapur by which this application to discharge has been dismissed in Bihta P.S. Case No. 219 of 2004. Learned counsel for the petitioner submits that Final Form was instituted on 27.08.2004 in which it is alleged that on raiding abandant farm house of the petitioner the arms and ammunition was recovered and the case was instituted under the Arms Act and Section 17 C.L.A. Act. It is submitted that as fas the petitioner is concerned, no recovery was made from his conscious possession and merely because he was the owner of the house, his name has been dragged into this case. It is submitted that the petitioner has a clean antecedent and has no connection with anti- naxal or maoist activities. In fact, the petitioner submits that he filed an application before the Superintendent of Police that he apprehends that some criminals are utilizing his abandant farm house, for the purpose of criminal activities. Request was made on behalf of the petitioner to raid these premises. It has been specifically stated by the petitioner that he cannot approach the house in question which is at village- Jaitapur which is a maoist dominated area. In the result, the order impugned is quashed and the matter is remanded to the Judicial Magistrate, Ist Class, Danapur to consider these aspect of the mater in context with the material that has come in the case diary and pass appropriate order within a period of three months from the date of receipt of the order. Counsel for the petitioner is directed to deposit the cost of communicating the order by fax in the court below within a period of one week, failing which this application shall stand dismissed. This application is disposed off with the aforesaid observation and direction. Md. Ibrarul/- ( Sheema Ali Khan, J)