IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38014 of 2008 Akhilesh Sharma, son of Diwakar Sharma, resident of village- Bagha, Police Station- Town, District- Begusarai. Versus The State Of Bihar ----------- 02 19.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 18.03.2008 refusing to discharge the petitioner for the offence under the Arms Act. The Judicial Magistrate, Ist Class, Begusarai has taken cognizance on the basis of the fact that the pistol was recovered from the shop of the petitioner. The case of the prosecution is that the police party (informant) heard that two persons were seen in the market place carrying a gun and it was supposed that they would commit some crime and as such the informant reached the place of occurrence. On seeing the police party, Munna Kumar and Bipin Kumar ran from the place of occurrence, one of them was apprehended and the other managed to escape. It is specifically stated in the F.I.R. that one of the miscreants threw his unlicensed pistol in the shop of the petitioner and ran away on seeing the police party. The facts aforesaid as mentioned in the First Information Report leads this Court to the prima facie conclusion that in facts aforesaid the petitioner cannot be held responsible for possessing illegal arm, when the F.I.R. itself 2 specifies that the illegal unlicensed pistol was thrown in the shop of the petitioner by one of the miscreants fleeing from the place of the occurrence. In the result, I quash the order dated 18.03.2008 and direct the Judicial Magistrate, Ist Class, Begusarai to reconsider the application filed for discharge keeping in mind the observation of this Court . The petitioner is directed to produce a copy of this order before the Court concerned within a period of one month, failing which this application shall stand dismissed. This application is allowed. Md. Ibrarul ( Sheema Ali Khan,J.)