IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11945 of 2010 AJIT SINGH @ AJIT KUMAR SINGH, S/o Late Rameshwar Prasad Singh, R/o Khilwat, P.S.-Bidupur, District-Vaishali. Versus THE STATE OF BIHAR ----------- 02. 09.12.2010 The petitioner has sought quashing of the order dated 03.08.2009 passed in Hajipur Sadar P.S. Case No. 295 of 2005 (Tr. No. 3165 of 2009) by which the Judicial Magistrate, 1st Class, Vaishali at Hajipur has refused to release the arms of the petitioner. It has been submitted that the arms seized at the time of occurrence was not part of the subject matter of the present occurrence and, therefore, the court below committed irregularity in not allowing its release. Considering that the arms, by no stretch of imagination, would be required as a material exhibit nor was used in the transaction, this application is allowed and the order dated 03.08.2009 passed in Hajipur Sadar P.S. Case No. 295 of 2005 by the Judicial Magistrate, 1st Class, Vaishali at Hajipur is, hereby, set aside. The court below is directed to release the arms in favour of the petitioner on verification of the papers on a surety to be fixed by it. Let this order be communicated through FAX at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)