IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.764 of 2010 BRAHMADEO YADAV @ AJAY KUMAR S/O JAGDISH YADAV Versus 1. THE STATE OF BIHAR 2. SRI BISHESHWAR RAI, OFFICER IN CHARGE PAKRIBARAWAN ----------- 2. 13.08.2010 The petitioner seeks quashing of his prosecution in Pakribarawan P.S. Case No. 64/2008 in which cognizance was taken on 25.9.2008 for offences under Sections 25 (1-B) A, 26/35 Arms Act, on the ground that the petitioner was the driver of the vehicle whose occupants when searched were found to be in possession of arms but no arms were recovered from his possession and therefore, his prosecution under the Arms Act is invalid. However, I am not inclined to agree with the submission of the learned counsel for the petitioner since Section 35 Arms Act creates a vicarious liability. It says that the persons in occupation of a vehicle or other place where arms are recovered shall be criminally liable. In view of such, this application is dismissed. Fahad. (Anjana Prakash, J.)