CRIMINAL MISCELLENEOUS No. 22863 OF 2001 ***** ( In the matter of application under Section 482 of the Code of Criminal Procedure ) ****** ABIHISHEK KUMAR, SON OF SHRI UDESHWAR MAMATI, RESIDENT SOF MOHALLA PATEL NAGAR, GOKUL PATH, POLICE STATION SHASTRINAGAR, DISTRICT PATNA ………………………………………………...……...PETITIONER VERSUS 1. THE STATE OF BIHAR ………………..……………… OPPOSITE PARTY ******************** P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN O R D E R Sheema Ali Khan, J. This application has been filed against the order dated 11.05.2001 passed in S.K.Puri Police Station Case No. 179 of 2000 (G.R. No. 4194 of 2000) by which the Judicial Magistrate, 1st Class, Patna has refused to discharge the petitioner for the offences under Sections 25 (1-B), 26 & 35 of the Arms Act. The case of the petitioner is that he is 15 years of age and at the time of alleged occurrence, he was studying in Class-X. It is further submitted that the petitioner was arrested merely on suspicion and he has no connection with Pinku Singh. Further case of the petitioner is that the alleged recovery was made from the house of Pinku singh. It is further submitted that no 2 recovery was made from the petitioner and, therefore, he cannot be made accused in a case under the provisions of the Arms Act. It has also been claimed that the petitioner is of 15 years of age, which plea may be considered by the Court, if raised by the petitioner. The submissions made on behalf of the petitioner shall be considered at the relevant time. I see no merit in this application. It is accordingly dismissed. ( Sheema Ali Khan, J. ) PATNA HIGH COURT DATED, THE 17TH JANUARY, 2011 N.A.F.R./ANAND