SURESH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) TWO of the four F. I. R. named accused of Khajauli Police Station case No. 118 of 2005 have filed this application for quashing of order dated 18. 1. 2006 passed therein by the learned Chief Judicial Magistrate, Madhubani, whereby he has taken cognizance of offences under Sections 26 [1] [a], [b], 26 [ii] and 36 of the Arms act against all the accused including the petitioners.

(2.) THE prosecution case is based on the self statement of S. I. Dilip Kumar recorded at about 7 a. m. on 10. 10. 2005. According to the informant, he earlier on that day, on receipt of confidential information, along with other police personnel and the chaukidar, apart from other houses also raised the house of one Munna Singh, son of Suresh Singh, at Village Lakshmipur under Khajauli Police Station and in the presence of two independent witnesses recovered four wooden butts and four barrels of guns, one country made pistol of 0. 12 bore, one country made pistol of 0. 315 bore, one leather belt for carrying cartridges, five live cartridges of 0. 315 bore and 15 live cartridges of 0. 12 bore and when no documents authorizing retention of such arms and ammunitions or any satisfactory answer could be furnished by the family members justifying their presence the same were seized under a seizure list.

(3.) IT has been submitted on behalf of the petitioners that from a perusal of the self statement of the S. I. , the seizure list and the case diary it would be an admitted position that the alleged raid was carried out in the house of Munna Singh and in course thereof nothing was recovered from either the person or possession of these two petitioners nor was there any material in the case diary to show their connection or involvement with the seized items or that the same belonged to them in anyway or that they had knowledge of such arms and ammunitions being stored in the house of munna Singh and notwithstanding the same they have been dragged in, only because they happen to be family members although living separately.