IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16931 of 2009 RAJ KISHORE PRASAD YADAV, S/o Late Mahendra Prasad Yadav. Versus THE STATE OF BIHAR ----------- 03. 20.08.2010 The petitioner seeks quashing of the order dated 13.02.2009 passed by the 1st Additional Sessions Judge, East Champaran, Motihari in Cr. Revision No. 246 of 2008 by which he has refused to interfere in the order dated 10.06.2008 passed by SDJM, Sikrahana at Motihari in Ghorasahan P.S. Case No. 153 of 2007 by which he has refused to release the rifle of the petitioner. The background of the case is that the brother of the petitioner filed a police case alleging therein that some miscreants have snatched the rifle which was subsequently recovered from one of the accused. The arms admittedly belong to the petitioner and the same was licensed and the license was valid till the order passed by the court below. A recommendation has now been made for cancellation of the license of the petitioner. The contention of the petitioner is that this is an absurd situation where even though the petitioner 2 is the license holder and his brother had alleged its theft his arms are not released on totally erroneous grounds. In view of such, the orders impugned are set aside with the direction to the Trial Court to release the arms of the petitioner numbered as AB-05 4522 on a surety to be fixed by it as also a direction to the petitioner that it will be produced as and when it is required during trial. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)