IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41076 OF 2008 MD.IMTIAZ @ IMTIAZ @ GUDDU @ POTIYA, SON OF MD. ISMAIAL MARHUM, RESIDENT OF MOHALLA NABAB TOLI KHANKAH, POLICE STATION LAHERI, DISTRICT NALANDA VERSUS THE STATE OF BIHAR ************** 2 28/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 14.08.2008 passed in Laheri Police Station Case No. 88 of 2002 (G.R. No. 1166 of 2002) by which the Sub Divisional Judicial Magistrate, Biharsharif (Nalanda) has refused to discharge the petitioner for the offences alleged to have been committed under Sections 25 (1-B) A and 26 (i) of the Arms Act. Learned Counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner and as such, no charges can be framed under the provisions of the Arms Act as far as the petitioner is concerned. These aspects of the matter can only be tested during the trial of the case. At this stage, this Court does not find any reason to interfere with the order impugned. This application is accordingly dismissed. Anand (Sheema Ali Khan, J.)