IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31067 of 2010 OM PRAKASH THAKUR, SON OF LATE BAIJNATH THAKUR, RESIDENT OF VILLAGE GAURA, P.S. BIHIYA, DISTT. BHOJPUR. -------- PETITIONER. Versus THE STATE OF BIHAR ------ OPPOSITE PARTY. ----------- 2. 03.09.2010 Heard the parties. The petitioner has sought quashing of the order dated 17.7.2010 passed by Judicial Magistrate, 1st Class, Arrah, in Case No. 1558 Gr of 2009/4630 Tr of 2009 arising out of Bihiya P.S. Case No. 91 of 2009 by which he has refused to release the licensed gun of the petitioner. It has been submitted that there is no dispute that the alleged gun bearing barrel No. 7861/D/2-2007 and License No. 1468 is that of the petitioner and the Police has also filed a report stating therein that they have no objection to the same being released in favour of the petitioner. In view of such, the application is allowed and the order dated 17.7.2010 passed by the Judicial Magistrate, 1st Class, Arrah in connection with Bihiya P.S. Case No. 91 of 2009 is set aside with the further direction to the Magistrate concerned to release the gun in favour of the petitioner with a surety to be determined by it. The petitioner also undertakes that he shall not dispose of the gun during course of the trial. With this observation, the application is allowed. Let this order be communicated to the court of Shri 2 Om Prakash, Judicial Magistrate, 1st Class, Arrah, in Case No. 1558 Gr/09/4630 Tr/09 arising out of Bihiya P.S. Case No. 91 of 2009, through FAX at the cost of the petitioner. S.Ali ( Anjana Prakash, J.)