IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3109 of 2009 ARBIND KUMAR RAI, SON OF KANTA RAI, RESIDENT OF VILLAGE BARIARPUR, P.S. NAUTAN, DISTRICT WEST CHAMPARAN. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY 2 13.4.2010 Heard the parties. Learned counsel for the petitioner submits that there was no recovery of any arms from the petitioner. There is no material under section 414 of the Penal Code against the petitioner and, therefore, there was no occasion to frame charges against the petitioner. It is further submitted that this aspect of the matter has not been considered by the Judicial Magistrate, Motihari although they were raised in the Court below. In the result, I quash the order dated 18.11.2008, passed in Trial No. 1824 of 2008 by the Judicial Magistrate, Motihari if the charges have not been framed as yet and the Judicial Magistrate, Motihari should reconsider the application filed on behalf of the petitioner under Section 239 of the Code of Criminal Procedure in Trial No. 1824 of 2008. This application is allowed. The application under Section 239 of the Code of Criminal Procedure should be disposed of within a period of two months from the date of receipt/production of a copy of this order. Counsel for the petitioner is directed to deposit the cost of FAX for communicating this order to the Court of the Judicial Magistrate, Motihari by 16.4.2010 failing which this application shall stand dismissed. Sanjay (Sheema Ali Khan, J.)