IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.31422 OF 2008 JAWAHIR MUKHIYA, SON SOF LATE MUKHI MUKHIYA, RESIDENT OF VILLAGE LAXMIPUR, POLICE STATION NAUTAN, DISTRICT WEST CHAMPARAN VERSUS THE STATE OF BIHAR ******** 2 28/06/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioners are aggrieved by the order dated 24.05.2008 passed in Criminal Revision No. 173 of 2007 by which the Sessions Judge, West Champaran at Bettiah has affirmed the order dated 10.05.2007 passed in Nautan Police Station Case No. 199 of 2005 by which the Judicial Magistrate, 1st Class, Bettiah has rejected the application under Section 239 of the Code of Criminal Procedure. The petitioner challenges the orders impugned on the ground that it was his nephew who kept the arms in the house and the petitioner in fact was not aware of the acts of his nephew. All these aspects of the matter being the defence of the petitioner cannot be considered at this stage. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)