IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1434 of 2010 VIJAY KUMAR S/O LATE SUDHAKAR SINGH Versus THE STATE OF BIHAR ----------- 2. 19.08.2010 The petitioner seeks quashing of the order dated 20.10.2009 passed by Additional Sessions Judge, Fast Track Court No. 4, Khagaria in Sessions Case No. 380 of 2007 by which he has refused to release the licensed arms of the petitioner. On 8.8.2007 a case was instituted against the other accused persons where after the house of the petitioner was searched from where the alleged arms were recovered. The petitioner was not charge sheeted and therefore, no cognizance was taken despite which the court below refused to release the arms of the petitioner. Considering the same, this application is allowed and the order dated 20.10.2009 so far as it pertains to the petitioner is set aside. The trial court is directed to scrutinize the documents of the license and on being satisfied release the 2 arms in favour of the petitioner since he is not an accused in the present case on such surety as it may deems fit. The accused persons shall also not be entitled to raise any objection that the arms recovered had not been produced during trial as material exhibit. Fahad. ( Anjana Prakash, J. )