IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43566 of 2009 1. Munna Kumar Singh, son of Ram Babu Singh, village Naya Bazar, PS Maharajganj, district Siwan. 2. Brajesh Kumar Singh, 3. Sanjay Kumar Singh, both sons of Punyadeo Singh, both of village Pasnauli, PS Maharajganj, district Siwan – petitioners. Vs The State of Bihar. 2 12.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. s This application has been filed for quashing the order, dated 24.2.2009 passed by the Judicial Magistrate, Ist Class, Siwan in Maharajganj PS Case No. 22 of 2005 by which the application preferred for release of their licensed weapons has been rejected. There are three petitioners before this court. The rifle bearing no. AB 046214 belongs to petitioner no.1 for which he has a valid licence no. 129/2003, rifle bearing no. AB 0312713 belongs to petitioner no.2 and he too has a valid licence no. 357/2004 whereas rifle no. AB 042256 belongs to petitioner no.3 who has a valid licence no. 344/2004. The allegations in the F.I.R. and the seizure list is that during the election the petitioners had not deposited the weapons in the police station as required by notification of the District Magistrate. It is further said that the weapons were recovered from the political office of Jitendra Swami and the house of one Baliram Prasad. This court has released the rifle of similarly situate persons. In fact the rifle of Baliram Prasad has been released by this court vide Cr. WJC No. 60/2007 although he was made accused on the 2 basis of the fact that several unlicensed arms were also recovered from his house. Considering the facts aforesaid I direct that the rifles aforesaid should be released in favour of the petitioners to the satisfaction of the Judicial magistrate, Siwan subject to the condition that the petitioners would produce the licence as and when required during the trial of the court and the fact that the licence of the petitioners have been duly renewed. This application is accordingly disposed of and the order, dated 24.2.2009 passed by the Judicial Magistrate, Ist Class, Siwan in Maharajganj PS Case No. 22/2005 is hereby quashed. haque (Sheema Ali Khan, J.)