IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42961 of 2009 RAM BABU PRASAD SON OF SRI AMERNATH PRASAD RESIDENT OF MOHALLA KAZI BAZAR, POLICE STATION MAHARAJGANJ DISTRICT- SIWAN (BIHAR). Versus THE STATE OF BIHAR For the petitioner : Mr. Rama Kant Sharma, Sr. Advocate. Mr. Narendra Kumar Singh, Advocate. For the State : Mr. Maya Nand Jha, A.P.P. ----------- 2 01.07.2010 Heard both sides. Petitioner claims to be a licence holder in respect to D.B.B.L. gun no. 10226A/2 which has been seized in connection with Maharajganj P.S. case no. 22 of 2005. The prosecution case is that in course of a raid conducted in the house of one Binod Kumar Singh, the said arm was recovered and seized. Petitioner claims to possess the same by reason of licence duly issued by the competent authority. Petitioner asserts that his licence is up- to-date. It appears that several arms were recovered from different places. The owners of the said arms moved the Court below for release of their respective licensed arms which were refused. Some of whom approached this Court. By a proceeding dated 12.3.2010 passed in Cr. Misc. no. 43566 of 2009 (Annexure-5 to the supplementary affidavit), this Court directed for release of the arm (rifle) in favour of the petitioner subject to the condition that the petitioners will produce the valid licence as and when required during the trial. Learned counsel further submits with reference to Annexure-4 that in similar 2 circumstance, another Bench of this Court by a proceeding dated 27.4.2007 passed in Cr.W.J.C. no. 60 of 2007 directed for release of the arms after obtaining necessary bonds and sureties and imposition of other conditions as deemed fit by the Court. Learned counsel appearing on behalf of the State is not in a position to differentiate the case of the petitioner from those noticed hereinabove. Resultantly, this Court is persuaded to grant the same relief to the petitioner. Accordingly, the order dated 22.10.2009 passed by learned Judicial Magistrate, 1st Class, Siwan in Tr. No. 698 of 2009 (State versus Jitendra Swamy and Ors) is hereby quashed and set aside. The Court below is directed to release the aforesaid D.B.B.L. gun on filing of appropriate sureties and bonds for the same. Learned Magistrate may also verify the genuineness of the licence to be produced by the petitioner. Such release shall be subject to further condition that the petitioner shall produce the licence and the arms/D.B.B.L. gun as and when called upon by the Court in connection with trial of the case. The application is allowed in aforesaid terms. pkj ( Kishore K. Mandal, J. )