IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7199 of 2008 JAHANGIR KHAN Versus TH STATE OF BIHAR ----------- 2 17.7.2008 Heard Mr. Rajendra Pd. Singh, learned Senior counsel for the petitioner and Mr. Jharkhandi Upadhya, A.P.P. representing the State. In this application the petitioner has prayed for quashing the order, dated 10.10.2007 passed by Addl. District Judge, FTC III, Supaul in Cr. Revision No. 115/2007 and the order, dated 25.4.2008 passed by the Sub Divisional Judicial Magistrate, Birpur by which the application filed by the petitioner for release of his rifle and six cartridges has been rejected. The facts giving rise to the filing of the present application is that the petitioner has a valid licence for rifle which has been seized. The licence was valid upto December 31, 2006. From the order of the Addl. Dist. Judge, FTC III it appears that the petitioner has applied for renewal of his licence and has already deposited the required fee. It is further submitted that the Officer Incharge has informed the court that the police has no objection if the rifle is released in favour of the petitioner. However, this court cannot loose sight of the fact that at present the petitioner does not have a valid licence and as such the rifle cannot be released in his favour unless he has a valid licence. At this stage learned counsel for the petitioner submits that the petitioner has applied for the licence and he may be required to 2 produce his rifle for inspection before the authority concerned. It is, therefore, directed that if the petitioner is required to produce his rifle before the authority concerned, the Sub Divisional Judicial Magistrate, Birpur may direct the police officer to arrange for the inspection of the same as and when required by the licensing authority. However, considering the facts in this case, this court cannot order for release of the rifle in favour of the petitioner as he does not have a valid licence at present. The moment the petitioner’s licence is renewed, he may file an application before the Sub Divisional Judicial Magistrate, Birpur who shall consider the relevant facts and the observation of this court and pass appropriate order. This application stands disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)