IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7047 OF 2009 SRIKANT KUMAR, SON OF DUDHESHWAR SINGH, RESIDENT OF VILLAGE HARBANSPUR, POLICE STATION MASAURHI, DISTRICT PATNA VERSUS THE STATE OF BIHAR ******** 4 22/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed for quashing of the order dated 20.11.1995 passed in Masaurhi Police Station Case No. 151 of 1995 by which the Chief Judicial Magistrate, Patna has taken cognizance against the petitioner for offences under Sections 25 (1-B) A, 26, 27 and 35 of the Arms Act. The allegation in the First Information Report is that the Police chased some people and was successful in apprehending them. On search, one rifle was recovered from Ajit who is said to be the brother of Om Prakash. It is submitted that the weapon recovered was a licensed weapon which was released in favour of Om Prakash by order dated 31.10.1995 (Annexure-2). Learned Counsel for the petitioner submits that no recovery was made from this petitioner and the rifle which was recovered was a licensed one and as such it cannot be said that any of the accused persons were liable for offences under the provisions of the Arms 2 Act. The order of cognizance has been taken on 20.11.1995 which is being challenged after a great delay. I think it would be proper that the Court below should re-examine the matter in the light of the fact that (a) no recovery was made from the petitioner and (b) that the possession of the licensed weapon is not an offence. In the result, I quash the order impugned as far as it concerns the petitioner and remand the matter back to the Sub Divisional Judicial Magistrate, Masaurhi/concerned Court at Masaurhi to pass an order afresh within two weeks from the date of receipt/production of a copy of this order. This application is allowed to the extent indicated above. Let a copy of this order be communicated to the Sub Divisional Judicial Magistrate, Masaurhi in connection with Masaurhi Police Station Case No. 151 of 1995 through fax at the cost of the petitioner. Anand ( Sheema Ali Khan,J.)