IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37245 of 2008 1) Dharmendra Paswan, son of Sahja Narayan Paswan, 2) Jag Narayan Paswan, son of Late Nandu Paswan, 3) Golden Paswan, son of Jag Narayan Paswan, 4) Saty Narayan Paswan, 5) Raj Narayan Paswan, both sons of Late Nandu Paswan, village Lakhanpura, PS Jagdishpur, Dist. Bhojpur – petitioners. Vs. The State of Bihar. 2 15.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioner is aggrieved by order taking cognizance, dated 16.7.2008 passed by the Chief Judicial Magistrate, Bhojpur in Jagdishpur PS Case No. 135/2007 under sections 25(1-B)A,26 and 35 of the Arms Act apart from sections 447, 448, 341, 342, 323 and 504 of the Penal Code. The petitioner has challenged the order of cognizance to the extent that it is submitted that a separate case was instituted being Jagdishpur PS Case No. 131/2007 under the Arms Act in which Sri Ram Rai and Jai Ram Rai were accused. It is said that seizure list of Jagdishpur PS case No. 131/2007 has been tagged with the present case and cognizance taken which is not permissible in accordance with law unless both the cases are amalgamated and are to be heard as one. I, therefore, quash the order, dated 16.7.2008 and remand the matter back to the Judicial Magistrate, 1st class, Bhojpur to examine the matter in view of what has been stated aforesaid and pass a fresh orders in this case within three months on receipt of a copy of this order. 2 This application is allowed with the aforesaid observations. Counsel for the petitioners is directed to produce a copy of this order before the court concerned within two months failing which this application shall stand dismissed. haque ( Sheema Ali Khan, J.)