IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.93 of 2010 RAM NIWAS ROY Versus STATE OF BIHAR ----------- 3 16.2.2010 Heard learned counsel for the parties. Once the appellant is acquitted in the case, his licence of licensee gun is restored by the licensing authority, his prayer for release ought not be refused making non-availability of original record a ground. It is for the trial court to ascertain which papers are required for making any direction either to release or to refuse the release that can be ordered to be furnished and it is for the appellant also to furnish certified copy of relevant papers entitling him for release his licensee gun, not available with the trial court but in any case refusal on the ground mentioned by the court below never can be justified. In the result, this appeal is allowed and the order dated 15.10.2009 passed by Additional Sessions Judge, F.T.C. I, Bhagalpur in S.T.no.385 of 1989 is hereby set aside. The case is sent back to the aforesaid trial court to decide the matter afresh preferably within six months after giving 2 opportunity to the appellant to furnish relevant papers including those which are necessary in the eye of the trial court. AI ( Mandhata Singh, J.)