IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46813 of 2007 1. Rajesh Kumar Yadav, S/O Ganesh Yadav, Village- Allapati, P.S. Branampur, District- Darbhanga. 2. Md. Shoaib, S/O Md. Isha, resident of village- Krishanpuri, (Satanpur), P.S. Bahadurpur, District- Darbhanga. 3. Shiv Nath Mahto, S/O Late Ram Charitar Mahto, resident of Village- Muriya, P.S. Alpatti(O.P. Sadar), District- Darbhanga. 4. Birendra Kumar Yadav, S/O Ram Sagar Yadav, resident of Balatt, P.S. Baheri, District- Darbhanga. 5. Ajay Kumar Mandal, S/O Umesh Mandal, resident of Vilage-Rani Purt, P.S. Sadar, District- Darbhanga. 5. Rajesh Kumar, Son of Mahendra Mandal, resident of Allapatt, P.S. Beta, District- Darbhanga. -------Petitioners. -Versus- The State of Bihar………………………………..Opposite Party. ----------- 2. 27.01.2009. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are aggrieved by the order dated 19.09.2007 in Cr. Revision No.88 of 2007 passed by the Sessions Judge, Madhubani, refusing to discharge the petitioners under Section 239 of Cr. P. C. upholding the order dated 16.01.2007 of the S.D.J.M., Madhubani taking cognizance under Sections 25(1-B) A,26 and 35 of the Arms Act. Learned counsel for the petitioners submits that the weapons are licensed weapons. The necessary papers were produced at the stage of discharge, without considering which the discharge application came to be rejected. To this Court, the only issue at the moment is whether the weapons were licensed weapons and whether those carrying the licensed weapons were duly authorized to do so under the Arms Act. - 2 - This was the limited issue to be considered while hearing discharge application. Unfortunately, this simple aspect of the matter finds no discussion in the order of the revisional court which has proceeded on issues not relevant for consideration and disposal of the discharge application. The order of the revisional court dated 19.09.2007 in Cr. Revision No. 88 of 2007 passed by the Sessions Judge, Madhubani, is hereby set-aside and the matter is remanded for afresh consideration of the discharge application in accordance with law based on the materials already available on the record. This application stands disposed in the aforesaid terms. U.K. (Navin Sinha, J)