IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46536 of 2007 Upendra Kumar @ Rohit, son of Ashok Kumar, Mohalla Shree Krishna Nagar, PS Town, District East Champaran – Petitioner. Vs. The State of Bihar. 8 17.1.2011 This application has been filed for quashing the order, dated 26.4.2007 passed by the Judicial Magistrate, Ist Class, East Champaran, Motihari and the order, dated 27.8.2007 passed by the Sessions Judge, Motihari. Learned counsel for the petitioner submits that the case of the petitioner is on a similar footing to the case of co- accused Vivek Ranjan @ Chuchu. It is submitted that this court while considering the case of Vivek Ranjan has quashed the order on 29.7.2009 passed in Cr.Misc. No. 54631 of 2007 by which the Judicial Magistrate, Ist Class, Motihari had refused to discharge him for the offences under sections 414/34 of the Penal Code and 25(1-B)A, 26 and 35 of the Arms Act. This court has held that on the basis of the confessional statement before the police by all three accused persons cannot form the basis of holding that the pistol was jointly recovered from the petitioner and the other two co-accused persons, whereas the pistol was in physical possession of Sharat Chandra. Considering the aforesaid order of this court, this court similarly quashes the orders impugned. It goes without saying that if the conditions of section 319 Cr.P.C. are satisfied, the court in seisin of the trial shall be at liberty to pass orders in accordance 2 with law. This application is, thus, allowed. haque ( Sheema Ali Khan, J.)